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(영문) 춘천지방법원 2017.06.20 2017고단58

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was delegated to sell the land owned by the Gangwon-gun D and E, and the Defendant decided to sell the said land after engaging in development activities, such as flatization work, etc., for the said land, and was also delegated by the said owners with all of the development activities.

1. In order to change the form and quality of land in violation of the National Land Planning and Utilization Act, or to construct buildings or install structures, development activities shall be permitted by the competent authority;

From May 22, 2014 to April 30, 2016, the Defendant changed the form and quality of land by cutting and raising 1,550 square meters of forest land located in Seocheon-gun G, Seocheon-gun, Gangwon-do, which is owned by C in the form of stairs and changing the form and quality of land, as well as by cutting and raising the forest and field equivalent to 6,379 square meters in total, as shown in the attached list of crimes committed in the attached Table.

2. In order to convert a mountainous district into a mountainous district, such as using it for other purposes or changing the form or quality of the mountainous district in violation of the Management of the mountainous district, the use thereof shall be determined and permitted by the

The Defendant cut standing trees of 1,50 square meters of forest land located in the G located in the Gangwon-gun G located in Gangwon-gun, Gangwon-do owned by C at the same time without obtaining permission from the head of the forest office, etc., and altered the form and quality by cutting and banking in the form of stairs.

3. Where a small river is occupied and used due to changes in the form and quality of a small river or a new construction of artificial structure, etc. in violation of the law of small river administration, it shall obtain the permission of the managing authority.

The Defendant occupied and used a small river by piling up a stone on an area equivalent to 100 square meters of Gangwon-gun H and I’s 100 square meters at the same time without obtaining permission from the number of Seocheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Voluntary statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to field photographs, illegal area maps, land registers, and replies to related departments;

1. Article 140 subparag. 1 and Article 56 of the National Land Planning and Utilization Act concerning facts constituting an offense;