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(영문) 수원지방법원 안산지원 2015.05.28 2015고단710

산지관리법위반등

Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B committed the following crimes by requesting the owners of five parcels, such as the land owner, Defendant A, and Defendant A to the contractor, and Defendant B to the road packaging construction work for the said five parcels, in Ansan-si.

1. Violation of the National Land Planning and Utilization Act;

(a) A person who intends to engage in development activities shall obtain permission from a competent authority;

Nevertheless, around May 2014, the Defendants conspired to obtain permission for development, and made changes in the form and quality of land on the road package of 533 meters in length, average 7.8 meters in width, and concrete materials of 10-15cm in thickness.

B. Defendants in violation of the corrective order are offered 1-A around May 29, 2014 in collusion.

On June 20, 2014, the fact of changing the form of land without permission was not complied with a corrective order issued under the name of the head of the member to restore the land to its original state until June 20, 2014.

2. Any person who intends to convert a mountainous district into a mountainous district shall designate its purposes and obtain permission from the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendants conspired to convert mountainous districts into the road package of concrete materials in G without obtaining permission for conversion of mountainous districts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer in relation to H;

1. Application of each statute stated in the accusation, the location map of the unauthorized development area, the suspension of construction works and the corrective order for illegal development activities, the notification of business trips, the notice of order to reinstate, etc.;

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, Article 53 of the Management of Mountainous Districts Act, and Article 14 (1) of the same Act, respectively.