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(영문) 대전지방법원 서산지원 2016.11.04 2016고단204

산지관리법위반등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, a person operating C Co., Ltd., entered into a contract with F and F to collect and remove soil and sand from the area of 4,005 square meters of G sports site and H sports site 4,746 square meters, in order to supply sand to the E golf course site created in the area of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

1. A person who intends to engage in development activities by changing the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Govern

Nevertheless, the Defendant cut the above H land into approximately 6-7 meters in depth without obtaining permission for change of the form and quality of land from the Seosan City market, even though the Defendant first obtained permission for change of the form and quality of land whose area is at least 3.0 meters, and 7,076 meters in length, for the purpose of creating a complex, only the above H land, around March 16, 2015, in the area of G sports site 4,005 square meters and H sports site 4,746 square meters, and the Defendant cut the above H land into approximately 6-7 meters in depth without obtaining permission for change of the form and quality of land from the Seosan City market, and cut the above G land into approximately 4 meters in depth without obtaining permission for change of the form and quality of land from the Seosan City market.

As a result, the Defendant changed the form and quality of land without obtaining permission for development activities or without obtaining permission for change of matters permitted for development activities.

2. A person who intends to violate the Management of Mountainous Districts Act and convert a mountainous district into a mountainous district shall determine its use and obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and shall not gather or take earth or stone without obtaining permission from the head of a Si/Gun/Gu in grassland

Nevertheless, the Defendant: (a) from June 2015 to August 2015, Seosan City I.