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(영문) 대구지방법원 포항지원 2017.06.07 2017고정72

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Mountainous Districts Management Act;

(a) A person who intends to divert a mountainous district for illegal diversion of a mountainous district on March 2013 shall obtain permission from the head of the relevant forest office, etc. for a specified purpose;

Nevertheless, on March 2013, the Defendant violated the Mountainous Districts Management Act by mixing it with the forest land of 733 square meters located in North-gu, Chungcheongnam-gu, Chungcheongnam-gu and converting the use of the mountainous district into the use of a building by installing a building.

(b) A person who intends to temporarily use a mountainous district after creating mountain paths, such as unreported forest roads, work roads, forest products transportation roads, mountain trails, etc. on March 3, 2014;

Nevertheless, on March 2014, the Defendant violated the Mountainous Districts Management Act by converting the use of mountainous districts into mountainous districts for the purpose of establishing the 235.2 square meters of forest land in North-gu C and D in North-gu, North-gu, and Dong-si, North-si, and Dong.

2. A person who intends to engage in development activities, such as constructing buildings in violation of the National Land Planning and Utilization Act, changing the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor.

Nevertheless, the Defendant violated the National Land Planning and Utilization Act by installing illegal buildings at the same time and place as the above 1. Paragraph 1., and packing mixed aggregate and concrete sites.

3. Where any small building prescribed by Presidential Decree is constructed, a building permit shall be deemed granted in advance to a Special Self-Governing City Mayor, a Special Self-Governing Province branch, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Construction

Nevertheless, the Defendant, at the same place as the above 1.3. on March 2013, constructed a container stuff, dubs, greenhouse, etc. with a total size of 41.04m2 at the same place as the above 1.04m2, and did not report to the competent administrative office, thereby violating the Building Act.

Summary of Evidence

1. Statement by the defendant in court;

1. E.