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(영문) 창원지방법원 통영지원 2018.12.18 2018고정289
산지관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant resides in B at the time of show, and his occupation is a person who engages in construction business.

A person who intends to divert a mountainous district in a land, the category of which is forest land, standing timber, or bamboo collectively growing, or in which collective growth of bamboo is temporarily lost, shall obtain permission or report from the competent authority, specifying the purpose of use thereof, and attaching documents evidencing such use, and also obtain permission or report from the competent authority, and the same shall also apply where he/she intends to modify permitted matters.

Nevertheless, the Defendant is a person who caused damage equivalent to KRW 8,935,000 in mountainous district recovery expenses by illegally converting the mountainous district of KRW 616 square meters into D and E, without obtaining permission to change the use of mountainous district from the competent authorities, while carrying out the construction of a room in the Jeju House from January 201 to April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 54 subparagraph 1 of the relevant Act concerning facts constituting an offense, and Articles 54 and 14 (1) of the Management of the Mountainous Districts of which punishment is selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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