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(영문) 대구지방법원 포항지원 2017.08.09 2017고정182

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 23, 2015, the Defendant received permission to engage in development activities, permission to convert mountainous districts, and permission to occupy and use roads, respectively, on the aggregate of 950 square meters among 102,886 square meters of Nam-gu C Forest and 10,640 square meters of D forest and 10,880 square meters, among 2,721 square meters of E forest and land, 1,500 square meters of 2,721 square meters of E forest and land, and 340 square meters of road sites among 14,492 square meters of land in F road and 14,492 square meters of forest and road sites.

1. Where he/she 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, installation of structures, piling-up of goods, etc. for at least one month, he/she shall obtain permission from the competent authority;

Nevertheless, on February 20, 2016 without obtaining permission from the competent authority, the Defendant engaged in development activities, such as changing the form and quality of land, by cutting and raising the level of about 4-5 meters with respect to the aggregate of 10,120 square meters of the 70 square meters of G forest, 6,347 square meters of G forest, 2,450 square meters of 6,347 square meters of G forest, 540 square meters of 1,587 square meters of H forest, and 340 square meters of 595 square meters of I forest, which are 10,120 square meters of 59 square meters of 10,000 square meters of 10,000 square meters of 10,000 square meters of 595 square meters of 1,000 square meters of 1,000

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, without obtaining permission from the competent authorities, the Defendant converted the use of mountainous districts to mountainous districts, such as changing the form and quality of mountainous districts, at the time and place specified in paragraph (1) above.

3. A person who intends to use or benefit from any State property, administrative property or conservation property in violation of the Act on Property of the State or any other Act shall obtain permission to lease, use, or benefit from State property;

Nevertheless, on February 20, 2016, the Defendant did not obtain permission from the competent administrative authority, and on February 20, 2016, as to 510 square meters, which is not a permitted area, among 891 square meters of land for Mapo-gu, Nam-gu, Seoul.