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(영문) 인천지방법원 2017.09.28 2017고정1817

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent administrative agency, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of types, areas,

Nevertheless, on October 2016, the Defendant, in Jung-gu, Incheon Metropolitan City, a quasi-preserved mountainous district, performed development activities by changing the form and quality of land by piling up stone and soil on a scale of approximately 1,278 square meters using sckes without permission from the competent administrative authority. At the same time, the Defendant used mountainous districts to divert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, written statement of preparation C, full certificate of registered matters, location map, and on-site photographs;

1. Application of Acts and subordinate statutes governing investigation reports ( telephone conversations of public officials in charge of permission) and consultation councils on complex civil petitions, investigation reports (case on telephone conversations of a suspect), investigation reports (the telephone conversations of a suspect and public officials in charge of Gu office among reinstatement-related suspects and public officials in charge of reinstatement), and outputs of land use regulation information service;

1. Subparagraph 1 of Article 53 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 14(1) (unauthorized mountainous districts) of the National Land Planning and Utilization Act; Articles 140 subparag. 1 and 56(1) (unauthorized Permission) concerning the facts constituting an offense

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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