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(영문) 의정부지방법원 2018.02.01 2017고정219
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 26, 2014, the Defendant is a person who implemented a large number of restoration work on a mountainous district due to an illegal restoration order for mountainous district diversion on June 26, 2014.

(a) A person who intends to divert a mountainous district in violation of subparagraph 1 of Article 53 of the Mountainous Districts Management Act shall obtain permission from the competent authority under the Mountainous Districts Management Act, and shall obtain permission from the competent authority even where he/she intends to modify permitted matters;

Nevertheless, the Defendant, upon obtaining approval of a plan for restoration from the head of the Seocheon-gun Office with respect to 11,537 square meters of a site prior to the illegal mountainous district other than Simcheon-gun, and 11 lots of land, performed restoration work with respect to the land from August 12, 2014 to December 11, 2014, and exceeded the approved area without obtaining permission for mountainous district conversion, and inflicted damage on mountainous district equivalent to KRW 7,420,00,00 that is required for restoration due to the use of scke and dump trucks for the purpose of building a housing site and changing the form and quality of illegal land by using scke and dump trucks for the purpose of building site.

(b) A person who intends to collect earth or stone in a mountainous district violating subparagraph 3 of Article 53 of the Mountainous Districts Management Act shall obtain permission from the competent authority under the Mountainous Districts Management Act, and shall obtain permission from the competent authority even where he/she intends to modify permitted matters;

Nevertheless, the Defendant, while implementing restoration work with the approval of the plan for restoration from the head of the Seocheon-gun Office with respect to the site 11,537 square meters for the land prior to the illegal mountainous district other than Simcheon-gun, and 11 lots of land, went into effect from August 12, 2014 to December 11, 2014, and exceeded the area approved for the restoration design without obtaining permission for the extraction of earth and stones, and 21,471 cubic meters of earth and stones, which are 4,872 square meters of land outside 5 lots of Simcheon-gun E, Gun, and 5,000 square meters of land, were mobilized and taken out from the area of mountainous district equivalent to 77,420,000 square meters required for restoration.

(c)

The head of a forest in violation of Article 55 subparagraph 10 of the Mountainous Districts Management Act, etc. may order a person who has committed such act to restore a mountainous district, the form and quality of which have been changed, with respect to the land before illegal mountainous districts.

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