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(영문) 인천지방법원 2017.11.16 2017고단5637
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Management Act (B or C) shall obtain permission for development activities from the competent authority to store goods in a green area, control area, or natural environment conservation area for at least one month;

A. Nevertheless, from October 6, 2016 to July 7, 2017, the Defendant, without permission from the competent authority, used the said land as a site for a ready-mixed factory of the Defendant, installed a fence on the boundary of the land, and filled up ready-mixed factories, vehicles, soil and sand, etc. without permission from the competent authority, from October 6, 2016 to July 2, 2017.

B. The Defendant did not comply with the corrective order issued by the number of potter-gun Incheon Metropolitan City, stating that “the land in question occupied without permission is restored to its original state” on the grounds that the goods are stored in the same manner as the above paragraph (a).

(1) On October 6, 2016, the Defendant did not comply with the corrective order to reinstate the original state by October 28, 2016.

(2) On December 5, 2016, the Defendant did not comply with the corrective order to reinstate the original state by December 16, 2016.

(3) On December 20, 2016, the Defendant did not comply with the corrective order to reinstate the original state by December 30, 2016.

2. A person who intends to engage in development activities, such as changes in the form and quality of land (D, E, F, G, and H land) in violation of the National Land Planning and Management Act shall obtain permission for development activities from the competent authority;

Nevertheless, on August 2014, the Defendant changed the form and quality of land using heavy equipment, such as embling and cutting of soil, for the purpose of use on ready-mixed raw materials and aggregate in the area of 41m2, E forest land, 1,384m2, F forest land, 858m2, G forest land, 159m2, H forest land, and 854m2 without permission from the competent authority.

3. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act [D, E, F, G, or H land] shall use the mountainous district.

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