산지관리법위반
The defendant shall be innocent.
1. In the facts charged, the Defendant purchased the E’s house on December 6, 2013 from D residing in Chuncheon City, the Defendant purchased the house from Chuncheon City E.
On September 14, 2012, the instant house obtained permission to convert mountainous districts under Article 14 of the Mountainous Districts Management Act from the City Mayor of Chuncheon on September 14, 2012, and obtained approval for the use of buildings on November 19, 2013.
The Defendant, other than farmers and fishermen, purchased the instant house on December 6, 2013 to D farmers and fishermen, and used the instant building for other purposes than farmers and fishermen’s housing without obtaining approval for change of purpose of use, in violation of Article 21(1)2 of the Mountainous Districts Management Act.
2. Defendant’s assertion and judgment
A. Article 55 subparag. 4 of the Mountainous Districts Management Act provides that “a person who uses land exclusively used for a mountainous district without obtaining approval in violation of Article 21(1)” shall be punished. Article 21(1) of the Mountainous Districts Management Act provides that “a person who has obtained permission to divert a mountainous district shall obtain approval in certain cases,” and thus, a person subject to punishment under Article 55 subparag. 4 of the Mountainous Districts Management Act is limited to “a person who has obtained permission to divert a mountainous district,” and it cannot be punished against “a person who purchased a house,” and “a person who has obtained permission to divert a mountainous district,” and the Defendant was not aware of whether the instant house was an agricultural and fishery house, and could not be known.
B. Article 21 (Approval, etc. of Change of Use of Mountainous Districts) (1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter “former Mountainous Districts Management Act”) of the relevant Act and subordinate statutes (including a person who has obtained permission to divert a mountainous district under Article 14, permission to temporarily use a mountainous district under Article 15-2 (1), or reporting on conversion of a mountainous district under Article 15 or reporting on temporary use of a mountainous district under Article 15-2 (2) (including a person subject to administrative disposition for which the relevant permission or reporting is deemed granted pursuant to other Acts) falls under any of the following cases: