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(영문) 부산지방법원 2018.05.11 2017고정2509
수도법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On June 16, 2017, the Defendant was sentenced to a two-year suspended sentence for five months of imprisonment with prison labor for a false accusation in this court. On June 24, 2017, the above judgment became final and conclusive.

The Defendant is the representative of “E”, who is a co-owner (share 5,125/9,124) of forest land 9,124 square meters (hereinafter “the forest of this case”) located in Geumdong-gu, Busan (hereinafter “the forest of this case”), located in the same Gu F, adjacent to the forest of this case.

In a gold-gu zone, the same as the forest land of this case, in order to newly extend, rebuild, or rebuild a building or any other structure, to alter or remove the purpose of use, to cultivate or cut standing trees and bamboo trees, to excavate land, or to perform any other act, such as changing the form and quality of land, the head of the Geum-gu, the competent authority, shall obtain permission therefor from the head of the Gu.

Nevertheless, on December 2014, the Defendant cut the instant forest by cutting it by means of cutting the soil of the area adjacent to the road adjacent to the same Gu’s land in the south-dong part of the instant forest, which is adjacent to the same Gu’s G (a floor area equivalent to approximately 10 square meters). A vinyl (a floor area equivalent to approximately 30 square meters) was newly built in an area adjacent to the same Gu’s land in the south part of the instant forest around the said day and around March 2017. On March 2017, the Defendant cuted large trees that were planted in an area adjacent to the same Gu’s land (a floor area equivalent to approximately 192 square meters) adjacent to the same Gu’s land among the instant forest land in this case.

Accordingly, the defendant changed the form and quality of land in C zone without obtaining permission from the competent authorities, newly constructed a building, and cut bamboo.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to I;

1. Each photograph/cinematographic output, cadastral map, cadastral map, notification of a mountainous district restoration order, investigation report (netly 13), all the matters to be registered in real estate, accusation, and all certificates to be registered in the corporation;

1. Previous convictions: Application of Acts and subordinate statutes reporting criminal history, inquiry of criminal history, text of judgment, minor convictions and results of confirmation;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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