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(영문) 의정부지방법원 2016.04.21 2016고정322
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority;

Nevertheless, on March 15, 2015, the Defendant, without permission, damaged the forest equivalent to 1,088 square meters of land for 1,049.12 square meters of land for 1,088 square meters in Gyeonggi-gun, Gyeonggi-do, and constructed 1 2.8 square meters of a steel-frame structure warehouse and 2 18 square meters of a container warehouse equivalent to 2.88 square meters, thereby diverting the mountainous district without permission.

2. A person who intends to construct a building with a total floor area of less than 200 square meters in a management area subject to the violation of the Building Act and to construct a temporary building shall file a report with the competent administrative agency;

Nevertheless, without filing the report, 1 Dong was constructed as a 2.88 square meters storage in a light-scale steel-frame, such as paragraph (1), and 2 Dong was constructed in a container warehouse equivalent to 18 square meters.

3. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority for development activities in order to construct buildings, install structures, change the form and quality of land, etc.;

Nevertheless, without permission for development activities, development activities such as changing the form and quality of land, such as Paragraph 1, were conducted.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Each photographic image;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) (the point of exclusive use in mountain), Article 111 subparagraph 1 of the Building Act, and Article 14 (1) 2 (the point of non-reported construction) of the same Act concerning the facts constituting the relevant crime, and Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 (the point of unauthorized Development Activities) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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