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(영문) 수원지방법원 평택지원 2017.06.14 2017고정62

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a pastor of the B church church hall of the Foundation, and around 02, 2012, the Defendant constructed B church buildings on the area of 4,995 square meters in Ansan-si with permission for civil engineering works for the viewing of the euthansung, but it has not yet been completed until now.

1. Violation of mountainous district management;

A. On July 2015, the Defendant, without obtaining permission from the head of a forest office, etc., converted the forest land into mountainous districts without permission by arbitrarily larceny and banking the volume of 476 square meters of the D forest land in Ansan-si.

B. On July 2015, the Defendant, without obtaining permission for change of the use of mountainous districts (consultations) around the border area, converted mountainous districts differently from the matters of permission, such as installing structures (a stable) on a structure of 810 square meters among E forest land in Ansan-si.

2. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the competent Mayor;

A. Nevertheless, on July 2015, the Defendant changed the form and quality of land by altering the form and quality of land without permission from the head of Ansan-si, the part of D, which is a part of D, among the G-si Construction Works in Ansan-si around July 1, 2015, without permission from the head of Ansan-si.

B. Nevertheless, on July 2015, Defendant 1 changed the form and quality of land by constructing an illegal structure (scale) without obtaining permission for development activities of forest land (change) with 810 square meters in Ansan-si around July 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes of the accusation (including all accompanying documents);

1. Article 54 subparagraph 1 of the relevant Act concerning the facts constituting an offense, and Articles 14 and 14 (1) of the Management of the Mountainous Districts which have been subject to the option of punishment (unauthorized mountainous districts), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized changes in the form and quality of a mountainous district) and the selection of fines;

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

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;