logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.24 2017고정2470
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the parking agency business with the trade name called C in the vicinity of Yeongdeungpo-do, Incheon City.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying the purpose thereof, as prescribed by

In addition, a person who intends to engage in development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor.

Nevertheless, on January 29, 2015, in order to secure a parking space, the Defendant sold miscellaneous trees, such as Akao tree, using a dmpology in Jung-gu Incheon Metropolitan City, which is a mountainous district preservation area, EM 83m2m2, FM 212m2m2, G G 145m2, HH 34m2, and I 59m2 using a cm2, without permission of the competent administrative agency, and made a flat stop work to use the land as a parking lot.

As a result, the defendant conducted activities for diversion of mountainous districts and development activities without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes requesting an investigation following the diversion of illegal mountainous districts;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act related to the facts constituting the crime: Article 14 (1) (the occupation of a mountainous district permitted for the use of a mountainous district before the vision) of the same Act; Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act (the occupation of a mountainous district without permission for development activities);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow