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(영문) 광주지방법원 순천지원 2014.10.15 2014고정471
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

Nevertheless, on December 2013, the Defendant cut and filled up at least 50cc of the total area without obtaining permission for development activities in the land of 3, D, and E site of 932 square meters, and performed development activities.

2. Any person who intends to convert a mountainous district into a mountainous district shall designate its purposes and obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, on December 2013, the Defendant, in collusion with F, opened a 50m in length and 3.5m in width as a work with a field of mountainous district with a 165m square meters or more of G forest land in opticalyang-si, by using a dump gun without obtaining permission for conversion of mountainous district, and converted the use of mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, F, and I;

1. Investigation report (report on telephone conversations on cut-off and banking depth);

1. The photographic site;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development activities), subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, and the selection of fines for each crime;

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

1. Articles 70 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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