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(영문) 창원지방법원 거창지원 2019.06.05 2019고단74
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was a person who filed a building report, etc. to build five mushroom farming houses on the ground of the Seoul Special Metropolitan City, Chungcheongnam-gun B.

1. Any person who has obtained permission for development activities on land in violation of the National Land Planning and Utilization Act and intends to alter such permission shall obtain permission from the competent authorities;

Nevertheless, the Defendant, without obtaining permission to change development activities from the competent authority from around 2016 to May 2018, by additionally creating a site equivalent to 1,850 square meters of the area located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, in excess of the terms and conditions of the permission for development activities deemed to have been granted through the building report from October 30, 2015, and by additionally creating a site in excess of 75 square meters of the area located in C, the area of which is equivalent to 1,700 square meters of the area located in C, the area of which is equivalent to 75 square meters of the area located in D, the land located in E, the area of which is equivalent to 845 square meters of the area located in E, the area of which is equivalent to 270 square meters of the area located in F, the area of which is equivalent to 250 square meters of the area located in G, and the area of which

2. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc.;

Nevertheless, the Defendant, without obtaining permission from the competent authority from around 2016 to May 2018, by additionally creating a site in the aggregate of 4,665 square meters of forest land, including 1,850 square meters of forest land, a quasi-preserved mountainous district in Gyeong-gun, Chungcheongnam-gun, Seoul, and 1,700 square meters of forest land, a quasi-preserved mountainous district in C, 845 square meters of forest land, a quasi-preserved mountainous district in E, and 270 square meters of forest land, a quasi-preserved mountainous district in F, and 4,665 square meters of forest land, a quasi-preserved mountainous district in F, in a forest with a total of 4,665 square meters of forest land, a quasi-preserved mountainous district in F, and a site by cutting and banking a

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each accuser;

1. Report on commencement, etc.;

1. Application of Acts and subordinate statutes to investigation reports (investigation into verifying parcels and areas in violation of Mountainous Districts Management Act);

1. Criminal facts;

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