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(영문) 창원지방법원 밀양지원 2016.12.15 2016고정163
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

Criminal facts

The defendant is an executive member of the Do Council.

1. Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent market according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree;

Nevertheless, on March 2015, the Defendant cut the trees without obtaining permission from E forest land (560m2) in the middle-term patrolmen.

2. Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the competent market;

Nevertheless, on March 2014, the Defendant: (a) laid down and packaged farmland without having obtained permission to divert farmland for the purpose of building a d clan hall in the F rice field (80 square meters), G Jeon (80 square meters), H rice field (20 square meters), and 100 square meters (10 square meters), and installed a bridge with height of 2-4 meters and length of 30 meters.

3. Any person who intends to construct buildings or install structures in violation of the National Land Planning and Utilization Act, or alter the form and quality of land shall obtain permission from the competent market;

Nevertheless, on March 2014, the Defendant changed the form and quality of the land by raising, packing, etc. the relevant land without obtaining permission for diversion of farmland (development activities) on the F field (80 square meters), G field (80 square meters), H field (20 square meters), and 100 square meters (10 square meters), and installed 2-4 meters in height and 30 meters in length in height, and cut the ground without obtaining permission for diversion of the forest (development activities) from the police officer, among March 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of Part IV of the investigation report (Report on confirmation of the officially assessed individual land price of four lots in this case), and the regulation of land use;

1. Permission for the diversion of a mountainous district without permission for the relevant legal provisions on criminal facts: Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act: The occupation of diversion of a mountainous district without permission: Article 57 (2) and Article 34 (1) of the Farmland Act, and the occupation of alteration of the form and quality, and installation of structures: Subparagraph 1 of Article 140 and Article 56 (1) of

1. Selection of penalty;

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