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(영문) 수원지방법원 여주지원 2018.02.27 2017고단1489
산지관리법위반등
Text

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

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of the competent forest office or any other competent authority to divert the mountainous district;

Nevertheless, in the process of performing construction with permission to convert mountainous districts for the creation of sites for multi-family houses and three parcels outside Gyeonggi-gun B around October 2016, the Defendant, without obtaining permission from the competent authority for conversion of mountainous districts for the creation of sites due to entry into and departure from Gyeonggi-gun B, 2016, used a mountainous district of approximately 4,191 square meters in total to convert the mountainous district into mountainous districts of approximately 4,191 square meters adjacent to the above land without obtaining permission from the competent authority.

(b) A 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 shall obtain permission for development activities from the competent authority;

Nevertheless, on October 2016, the Defendant changed the form and quality of the land of approximately 4,191 square meters by cutting off and cutting off the land of at least 2,00 square meters, without obtaining permission from the competent authority for development activities for the creation of a multi-family house and a site for entry into and exit into the Gyeonggi-si and three parcels, which are adjacent to the said land, and performing construction works without obtaining permission from the competent authority.

2. The addition of us to Co., Ltd.;

A. The Defendant in violation of the Mountainous Districts Management Act committed the same act as the Defendant’s business as described in the foregoing 1. A with respect to the Defendant’s business.

B. The Defendant, who violated the National Land Planning and Utilization Act, committed a violation as described in the above 1.B. against the Defendant’s duty.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. A written statement K and L;

1. Surveying the current status;

1. On-site photographs of illegally damaged land;

1. A certified copy of register;

1. A certified copy of corporate registry;

1. Application of Acts and subordinate statutes to applications for development activities;

1. Defendant A of the relevant Act on criminal facts: Article 53 subparag. 1 and Article 14(1) of the Mountainous Districts Management Act; Articles 140 subparag. 1 and 56(1)2 of the National Land Planning and Utilization Act.

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