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(영문) 청주지방법원 2018.04.05 2018고정77
국토의계획및이용에관한법률위반등
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

Defendant

A is a person who cultivates ginseng in his/her residence.

1. A person who intends to do an act prescribed by Presidential Decree, such as construction of buildings or installation of structures in violation of the National Land Planning and Utilization Act, alteration of the form and quality of land which is not for cultivation, and gathering of soil and rocks, shall obtain permission from the head of a Si/Gun

Nevertheless, from September 10, 2017 to around the 17th day of the same month, the Defendant did not obtain permission for development activities while altering the form and quality of land up to 297 square meters, such as collecting 15 tons of dump trucks from 15 to 55 times to 297 square meters, for the purpose of gathering earth and sand in the forest owned by the Chungcheongbuk-gun B or D in C.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and

Nevertheless, the defendant did not receive a disposition such as conversion of mountainous district while doing the act as referred to in the above 1. Paragraph 1 at the same time and place as the above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the results of business trips;

1. Application of Acts and subordinate statutes on photographed site;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 140 and Article 56 subparagraph 2 of the same Act concerning facts constituting an offense, the main sentence of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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