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(영문) 창원지방법원 밀양지원 2017.12.14 2017고단442
국토의계획및이용에관한법률위반등
Text

Defendant

A Imprisonment of eight months, each of the defendants B and C shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B, Defendant .

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of suspension of execution on February 10, 2017 for a violation of the Management of Mountainous Districts Act in the Changwon District Court's close support on February 2, 2017, and the judgment became final and conclusive on February 10, 2017, and is currently under suspension of execution.

[Criminal facts]

1. Joint crimes committed by Defendant A and Defendant B

(a) A person who intends to alter form and quality, such as cutting of land in violation of the National Land Planning and Utilization Act, shall obtain permission for development activities from the competent administrative agency;

Nevertheless, on March 2017, the Defendants conspired to cut and collect earth and sand in the said forest by using equipment, such as sculpers and dump trucks, without obtaining permission from the competent authority, in the forest Fream (area 13,686 square meters) located in Gyeongnam-gun, Gyeongnam-gun, Defendant B, and thereby changing the form and quality of the land.

(b) A person who intends to collect earth or stone in a mountainous district within a forest in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority, as prescribed by Presidential Decree;

Nevertheless, the Defendants conspired to collect earth and rocks without obtaining permission from the competent authorities at the same time and place as the above 1 paragraph.

2. A person who intends to change the form and quality, such as filling up land for joint crimes committed by Defendant A and Defendant C, shall obtain permission for development from the competent authority;

Nevertheless, on March 2017, the Defendants conspiredd to cut earth and sand cut from Gyeongnam-gun F in collusion with the Defendants, and changed the form and quality of land by using the equipment, such as dump and dump trucks, without obtaining permission from the competent administrative agency, on G, the wife of Defendant C, and on the Gyeong-gun I (area 7,044 square meters) owned jointly by Defendant C, and on the Gyeong-gun I (area 7,044 square meters), who was affiliated with Defendant C’s wife, and Defendant C’s his/her father.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of J and K;

1. Each cadastral map, each field photograph, forest register, and land register;

1. A letter of business trip;

1. A punishment for the victim A;

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