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(영문) 광주지방법원 순천지원 2020.06.10 2019고정212
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. From June 10, 2018 to October 3, 2018, the Defendant in violation of the National Land Planning and Utilization Act changed the form and quality of the land without permission by using a refratator, etc. on the land of approximately 2,98 square meters in the aggregate, from June 10, 2018 to around October 1, 2018, the land of which is 1629 square meters, C, C, 57 square meters, D, E, E, 165 square meters, F, 457 square meters, G field, 284 square meters, H forest, 2268 square meters, and 169 square meters in the land of approximately 2,98 square meters in the form and quality of the land without permission.

2. The Defendant violated the Management of Mountainous Districts Act without obtaining permission from the competent authority, from June 10, 2018 to October 3, 2018, converted a mountainous district into a mountainous district without permission, such as cutting the ground by using approximately 990 square meters from 2268 square meters of Hanyang-si Forest Land, which is a conservation management area, using a digging hole, etc. and piling up stone embankments.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J and K;

1. Each accusation;

1. Investigation report (verification as to whether this case is restored to its original state);

1. Application of a location map, photograph, current status of illegally damaged land, each land cadastre, confirmation of a land use plan, and statutes on site inspection photographs;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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