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(영문) 광주지방법원 2018.03.13 2017고정1728
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a corporation with the purpose of installing solar power generation facilities, etc. at the site of A and Defendant B.

1. Defendant A

(a) A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor,

Nevertheless, on May 2017, the Defendant changed the form and quality of land by removing trees and stones and selling soil in the total area of 4 lots (6,424 square meters) in the Yacheon-si (1,359 square meters), Yacheon-si (2,222 square meters), Yacheon-si (1,600 square meters), Yacheon-si G (1,243 square meters) in order to install solar power facilities without permission from the competent market.

Accordingly, the defendant was engaged in development activities without permission from the competent market.

(b) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc.

Nevertheless, without permission from the head of the forest office, etc., the Defendant cut trees on the same date as the above paragraph (a) and changed the form and quality of the mountainous district by cutting them into three lots (4,202 square meters) in a total of 1,000 square meters in net-si D (1,609 square meters), net-si F (1,600 square meters), and net-si G (1,243 square meters), on the same date as the above paragraph (a).

As a result, the defendant converted the use of mountainous districts without obtaining permission from the head of the forest office.

(c)

A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture and Forestry for the purpose of agriculture and livestock industry, as prescribed by Presidential Decree.

Nevertheless, the Defendant changed the form and quality of farmland such as cutting trees by using digging machines at net City E (2,222 square meters) on the same date and time as the above paragraph (a) without permission from the Director of the Food and Agriculture Department of Agriculture and Forestry.

As a result, the Defendant was engaged in farmland diversion without obtaining permission from the Director of the Food Department of Agriculture and Forestry.

2. Defendant B Co., Ltd. is the Defendant’s employee at the above time and place.

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