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(영문) 수원지방법원 평택지원 2015.04.03 2015고단60
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates an 'E golf course' in Ansan-si D.

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities;

Nevertheless, on October 2013, the Defendant, without obtaining permission to engage in the development activities of the Ansan market, cut and suspended land of the aggregate of 2,185 square meters in Ansan-si F, G, H, I, I, and the answer J, thereby changing the form and quality of land.

2. Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the head of a Si, etc. according to the classification of the mountainous district and size

Nevertheless, on March 2014, the Defendant cut the forest land of which total area is 1,338 square meters in Ansan-si F, G, H, and I without obtaining permission for conversion of a mountainous district in Ansan-si, G, H, and I, and created a camping site.

3. No person who violates the State Property Act shall use or take profits from State property without following procedures and methods prescribed by the State Property Act or other Acts;

Nevertheless, around October 2013, the Defendant used 412 square meters in Ansan-si, a State-owned property, without obtaining permission to use and benefit from state property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of L, M and N;

1. Cadastral map and forest land register;

1. Application of Acts and subordinate statutes governing aerial photographys and field photographs;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning criminal facts, Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act, and Articles 82 and 7 (1) of the State Property Act (the occupation of using State property without permission);

1. Selection of each sentence of imprisonment;

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

1. The confession under Article 62(1) of the Criminal Act and the reflection of the suspended execution, the removal of all containers, etc., and planting trees, etc.;

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