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(영문) 서울동부지방법원 2013.07.03 2012고단2413

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its purposes and obtain permission therefor from the Administrator of the Forestry Administration;

Nevertheless, the Defendant, without obtaining permission for conversion of mountainous district, mobilized 1,80 square meters in mountainous districts located outside the Posibb, in the area of 6 sites outside the Posib, the Defendant converted the mountainous district into mountainous district without obtaining permission for conversion of mountainous district, and converted the mountainous district into mountainous district, by paralleling cream, cutting, or banking.

2. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

Nevertheless, the Defendant did not obtain permission for development activities, and performed development activities by using 19,964 square meters, such as natural green-belts, etc., located outside the wife B, which were located in the land outside the wife B from the middle of October 2011 to the first of April 2012, and by changing the form and quality of crops, such as cultivating crops.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's partial statement in the first protocol of trial;

1. Statement to C by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (to hear telephone statements of public officials in charge related to illegal area, and attaching lists of real estate C owned by reference witnesses);

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) (the occupation of conversion of a mountainous district at the time of sale), subparagraph 1 of Article 140 and Article 56 (1) 2 (the occupation of an unauthorized development act at the time of sale) of the National Land Planning and Utilization Act on criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.