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(영문) 의정부지방법원 2016.03.30 2015고단4826
산지관리법위반등
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant corporation B, and the defendant corporation B is a corporation established for the purpose of real estate lease and building business.

1. A person who intends to divert a mountainous district of defendant A shall obtain permission from the head of a forest or the head of a Si/Gun/Gu/Gu in accordance with the classification of mountainous district types, size, etc., and a person who intends to build buildings, install structures, change the form and quality of land, etc. shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province

Nevertheless, on April 6, 2015, the Defendant changed the form and quality of land by making access roads using c,173 square meters of forests and fields outside the area approved for the patrolman on July 2015, when performing construction works after obtaining approval for the implementation of the reclamation project for the purpose of orchard with respect to the 2,750 square meters of land in Pyeongtaek-gun, Gyeonggi-do.

As a result, the defendant changed the form and quality of land without permission of the head of Bupyeong-gu Gun and converted mountainous districts at the same time.

2. Defendant B, a representative, committed the above violation of the Act in relation to the Defendant’s business at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. AF statement;

1. Report of the situation of recovery expenses for land before illegal mountainous districts, survey result map of the status of destroyed and damaged land, on-site photographs, notification of permission to divert mountainous districts, notification of approval of implementation plans for reclamation projects, notification of implementation plans for reclamation projects, application of the forest register, and written confirmation of land

1. As to the facts of crime, Defendant A: Article 53 subparag. 1, Article 14(1) of the Mountainous Districts Management Act (a point for the diversion of a mountainous district without permission), Article 140 subparag. 1, and Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point for the diversion of a mountainous district without permission) of the same Act: The main sentence of Article 56, Article 53 subparag. 1, and Article 14(1) of the Mountainous Districts Management Act (a point for the diversion of a mountainous district without permission), the main sentence of Article 143 of the National Land Planning and Utilization Act.

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