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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
A person who intends to change the form and quality of land or to change matters for which permission for development activities has been granted shall obtain permission from the competent authority, and a person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district
Nevertheless, on May 2020, the Defendant changed the form and quality of land with a total of 2,314 square meters by cutting and embling the ground from the chill field B forest in Yangyeong-gun, Yangyang-gun, which was permitted by the competent authority or without obtaining permission for development activities from the Minister of the Korea Forest Service.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a written accusation against a violator of the Mountainous Districts Management Act, a written statement of a written accusation, a land planning user, a land cadastre, aerial photography, and survey of illegal land
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act concerning facts constituting an offense; Articles 140 and 56 (1) of the same Act; Articles 53 subparagraph 1 of the Management of Mountainous Districts Act and 14 (1) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The above judgment is rendered by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as well as the fact that the application for approval of the plan of recovery was received to obtain permission of development activities after the fact that there was no record of punishment for the same kind of crime, the defendant's age, character and conduct