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(영문) 부산지방법원 2020.01.30 2019고정1332
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from a competent authority for development activities, 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 the types, areas

Nevertheless, on May 25, 2019, the Defendant cut approximately 100 tons of earth and sand from approximately 110 square meters of land B in Geumcheon-gu, Busan without obtaining permission for the development of the competent authority and permission for the conversion of mountainous district from the Administrator of the Korea Forest Service, and converted the form and quality of land at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each report on investigation;

1. A certificate of a person;

1. Application of the statutes on written opinions, accusationss, and field photographs;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the National Land Planning and Utilization Act (the alteration of the form and quality of land without permission);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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