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(영문) 창원지방법원 거창지원 2020.05.06 2020고단10
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

As a representative of B, with respect to a site equivalent to 19,964 square meters in Gyeongnam-gun E and F where C and D obtained permission for the development of solar power infrastructure from the head of Chang Chang-Gun, the competent authority, the Defendant is a person entrusted with the construction of solar power infrastructure and performed construction works on the relevant site.

A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, the same shall apply where he/she intends to modify permitted matters, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Govern

Nevertheless, from November 201 to June 2019, the Defendant did not obtain permission from the competent authority with respect to the conversion and development activities. From Gyeongnam-gun, Gyeongnam-gun, a quasi-preserved mountainous district, the Defendant: (a) cut the ground of 15,48 square meters; (b) 12,185 square meters; (c) 12,185 square meters; (d) 621.5 square meters; (e) 11 square meters; (e) 36 meters; (e) 11 square meters; (e) 97 meters; (f) waterway conduits; (f) 448 meters; (f) 30 meters; (c) 453 square meters; (d) 9,07 square meters; and (e) 9,077 square meters; and (e) installed double walls, 200 square meters; and (e) installed double walls, 200 square meters or more; and (e) installed double walls or 2610 meters; (f) installed as a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Location map and on-site photographs;

1. The application of Acts and subordinate statutes to a criminal investigation report (Attachment to additional data submitted by an accuser);

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime (the occupation of a mountainous district without permission for change), and planning and utilization of national land;

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