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(영문) 광주지방법원 2017.12.08 2017고단1026
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in stone production and development business under the trade name of “B.”

On June 5, 2015, the Defendant obtained permission to engage in development activities for the purpose of building animal and plant-related facilities (a stable-mags) and building site creation with a total of 11,766 square meters prior to 11,76 square meters in Naju-si, D, E, F, G, and H six parcels, and obtained permission to divert mountainous district for the same purpose as 5,500 square meters in I forest and field.

Therefore, the Defendant should not engage in development activities differently from the details of permission for development activities without obtaining permission from the head of the competent administrative agency, and should not divert mountainous districts without obtaining permission for diversion of mountainous districts.

Nevertheless, the Defendant, while engaging in development activities on the said farmland and mountainous districts from June 2015 to November 2016, performed development activities on the said farmland and mountainous districts, performed development activities and mountainous districts conversion activities without permission, such as illegally cutting or cutting soil of about 10,095.1 square meters from a design drawing that differs from the original permission for development activities, and developed it to cut or access to mountainous districts with a size of 42 square meters adjacent to the forests for which permission for mountainous district conversion was obtained, and 3,893 square meters of forest and mountainous districts of 391 square meters adjacent to the forests for which permission for mountainous district conversion was obtained.

As a result, the Defendant performed development activities and activities to convert mountainous districts differently from the details of permission without obtaining permission for change, and converted mountainous districts without obtaining permission for change of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Submission of an accusation, a written statement, and the results of the examination of violations of the development project site according to the building permit, and design drawings, such as a construction plan plan, floor plan, cross-section map, site photograph, and construction participant report expansion and issuance of a written report on change of construction participants, and design drawings, such as a ground plan

1. Article 54 Subparag. 1 and the main text of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) (amended by Act No. 14361, Dec. 2, 201) regarding criminal facts; Article 140 of the National Land Planning and Utilization Act.

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