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(영문) 창원지방법원 진주지원 2015.10.22 2015고정391

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

1. Violation of the Mountainous Districts Management Act;

(a) A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. for a specified purpose;

Nevertheless, the Defendant, without obtaining permission from December 30, 2014 to February 16, 2015, converted the use of mountainous districts into mountainous districts of 3,148 square meters in lots, such as Gyeong-gun, Cheongnam-gun, Gyeongnam-gun, by cutting or raising grads, and changing the form and quality of mountainous districts into stairs-type by using c,148 square meters.

(b) Any person who intends to collect earth or stone in mountainous districts shall obtain permission to collect earth or stone from the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without obtaining permission from December 30, 2014 to February 16, 2015, carried out 25 tons of earth and sand in quantities of 1,200 tons of 3,148 square meters in mountainous districts equivalent to 3,148 square meters of Gyeong-gun, Cheongnam-gun, Busan, without permission.

2. A person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, without permission, the Defendant diverted farmland to other uses than agricultural production or farmland improvement by raising the ground level to cut the farmland on the farmland equivalent to 1,432 square meters of two lots, such as Gyeongnam-gun, Cheongnam-gun, Busan-gun, etc., (hereinafter referred to as “Seoul-do”), without permission, by raising the ground level to cut the farmland in the form and quality of the farmland, other than agricultural production or farmland improvement.

3. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act or collect soil and rocks shall obtain permission from the head of

Nevertheless, without permission, the Defendant collected earth and rocks on the site of five lots of land equivalent to 525 square meters, such as Gyeong-gun, Chungcheongnam-gun, Busan-gun, the Gyeongnam-gun, and changed the form and quality of land by cutting or banking the site into a stairs-type.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1.Each.