beta
(영문) 수원지방법원 2019.01.11 2018고정1755

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the "B" and is the operator of the electric housing complex development business in the response population C, etc. in the city.

A person who intends to change the form and quality of land or to alter any matter for which permission for development activities has been obtained shall obtain permission from the head of the competent Si/Gun, etc., and a person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, as classified by Presidential Decree,

From the end of July 2017 to the beginning of August 2017, the Defendant changed the form and quality of the land, such as cutting off 2,815 square meters of the wife population D and E, without obtaining permission from the competent administrative agency, and two reinforced soil (100 meters in length, 100m-1.5m in height) without obtaining permission to change the forest land.

B. The Defendant violated the Mountainous Districts Management Act without obtaining permission for mountainous district conversion at the same place as the above date and time, thereby damaging 2,815 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of accusation, written statement, explanatory statement, field photograph, land use plan, and old map;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development activities) on criminal facts; subparagraph 1 of Article 54 and Article 14 (1) of the Management of Mountainous Districts Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;