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(영문) 광주지방법원 2018.08.31 2018고단2604
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor,

Nevertheless, from June 2017 to August 201 of the same year, the Defendant collected approximately KRW 4,500 square meters among approximately 17,091 square meters of forest land in Yong-gun, Nam-gun, Nam-gun, and approximately KRW 14,772 square meters in total, and approximately KRW 8,240 square meters in total, and approximately KRW 12,649 square meters in part, and KRW 7,000 in total, among land of approximately 12,649 square meters in total, from among land of approximately 8,240 square meters in total, for construction works.

Accordingly, the defendant was engaged in development activities without permission from the competent authorities.

2. A person who intends to collect earth or stone in mountainous districts, other than state forests, in violation of the Management of Mountainous Districts shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu;

Nevertheless, without permission from the competent authority, the Defendant collected and carried out, without permission, approximately 4,500 square meters of land equivalent to 17,091 square meters of forest land in Yeongdeungpo-gun, Nam-gun, Namdong-gun, Nam-gu, Seoul, without permission, for road construction work.

Accordingly, the defendant collected earth and rocks without permission from the competent authorities.

3. A person who intends to temporarily use farmland in violation of farmland for the purpose of extracting soil, stones, and minerals shall obtain permission from the head of a Si/Gun/autonomous Gu, etc. on condition that farmland is restored to farmland after using farmland for a certain period, as prescribed by Presidential Decree

Nevertheless, without permission from the competent authorities, the Defendant collected and carried out earth and sand as a road construction work, with respect to the area of 1,297 square meters in Yong-gun, Nam-gun, Nam-gun, Nam-gu, Seoul, without permission of the competent authorities.

Accordingly, the defendant temporarily used farmland for the purpose of extracting earth and rocks without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Guidance on the cadastral map of illegal acts, matters permitted to convert mountainous districts, and reply as to whether farmland has been permitted;

1. The application of each on-site photograph statute.

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