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(영문) 수원지방법원 여주지원 2018.10.05 2018고단1
산지관리법위반등
Text

Defendant

A Imprisonment for a year and six months, Defendant B’s imprisonment for a period of nine months, and Defendant C for a fine of one million won, respectively.

Defendant .

Reasons

Punishment of the crime

1. No person who commits a joint crime by Defendant A or Defendant B shall convert a mountainous district without obtaining permission from the head of the competent administrative agency, such as the head of the forest;

Defendant

A is in a situation where it is difficult to obtain permission for development activities on the land of the said I and JJ due to the reasons such as re-development of the land of the said I and JJ and the creation of the electric source housing complex, and the occurrence of administrative procedures related thereto, and as a result, the said I and J land is limited to some of the above I and J land and the construction of the mountainous district was commenced under the pretext of installing disaster prevention facilities on the condition that it is difficult to obtain permission for development activities on the land of the said I and JJ land. On the other hand, the said I and J land was to develop the land of the said I and JJ land by means of obtaining permission from the competent authorities after the completion of construction to other areas.

Accordingly, on March 2014, Defendant A submitted a report on temporary use of a mountainous district, the title of which is to install disaster prevention facilities in the name of Ma, who is his/her father, with respect to a total of 1,350 square meters and a total of 456 square meters and a total of 1,806 square meters among K in Gyeonggi-gu, Gyeonggi-do, to the office of Yangyang-gun, and made the report accepted on April 2014, Defendant B, who is his/her son in the M., started construction of electric housing complex in the above I and J.

As such, from April 2014 to July 2014, the Defendants conspired to perform the construction of a site for electric source housing in other areas, including Gyeonggi-gu K, N,O, P, and Q, beyond a total of 1,806 square meters of land for which the report on temporary use of a mountainous district was completed as above, for the creation of a site for electric source housing.

In order to expand the scope of the area subject to the report on temporary use of the above mountainous district as originally planned, the Defendants around June 2014.

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