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(영문) 대구지방법원 상주지원 2021.02.24 2020고단366
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 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 October 2018, the Defendant changed the form and quality of approximately 3,100 square meters by using pokes in order to create a cutting tank for storage of a single site in Gyeong-si B and Gyeong-si in Gyeong-si without obtaining permission for development activities from a police officer in early 2018, and by cutting 3,100 square meters in depth by using pokes.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;

Nevertheless, the Defendant, without obtaining permission to collect earth and stones and permission to convert mountainous districts from the Si-Gyeong-si City Mayor around the day specified in paragraph (1), converted the forest land of 510 square meters into mountainous districts in a manner of cutting earth and sand by using pokes in order to create a cutting tank for storage of single land in Si-Gyeong-si, a quasi-Preservation mountainous district, a quasi-Preservation mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on site of a police statement report to E, an additional accusation report, and an additional accusation report;

1. Article 140 subparagraph 1 of the relevant Act, Article 140 of the National Land Planning and Utilization Act, Article 56 (1) (unauthorized development activities) concerning the facts constituting an offense, and Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s act of development without permission for profit-making purposes and the area exclusively used for a mountainous district is larger than 3,610 square meters in total.

However, the defendant completed all restitution.

In 199, there is no record of criminal punishment except for the defendant who has been sentenced to minor fines due to a violation of the Road Traffic Act.

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