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(영문) 청주지방법원 제천지원 2018.08.30 2018고정43
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to change the form or quality of land in violation of the National Land Planning and Utilization Act or management of mountainous districts shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with

Nevertheless, the Defendant, around October 2017, damaged the form and quality of land and converted the use of mountainous districts to create a housing site without obtaining permission for conversion of mountainous districts or development activities in the forest owned by D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and at the same time, changed the form and quality of land and converted the use of mountainous districts.

2. Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a control area, agricultural and forest area, or natural environment conservation area shall, in advance, file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province branch office, or the head of a Si

Nevertheless, on October 2017, the Defendant newly constructed a large-scale steel structure detached house 27 square meters without reporting to the competent authority in the forest and fields owned by D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the details of E preparation;

1. A statement of all circumstances;

1. Application of the statutes governing ground plans, location maps and photographs of current status, actual ground plans, confirmation documents on land use plans, location map of forest damaged areas, global maps, and the following four-satellite maps;

1. Article 140 subparag. 1 of the National Land Planning and Utilization Act, Article 56(1)2 of the same Act (referring to changes in the form and quality without permission), Article 53 subparag. 1 and Article 14(1) of the Mountainous Districts Management Act (referring to the diversion of an unauthorized mountainous district), and Articles 111 and 14(1)2 of the Building Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (the National Land Planning and Utilization Act is a violation of the National Land Planning and Utilization Act).

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