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(영문) 수원지방법원 여주지원 2014.01.27 2013고정483
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 4, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at Seoul High Court on July 4, 2013, and the judgment became final and conclusive on July 12, 2013.

The Defendant continued to construct a site for riding courses, etc. on five lots outside Gyeonggi-gun C, and continued to construct an access road to the said site.

1. Any person who intends to divert a mountainous district violating the Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service;

Nevertheless, the Defendant, from the end of July 201 to the end of November 2011, 201, diverted trees from the Gyeonggi-gun, Gyeonggi-do, and 7 lots of forest land, the quasi-preserved mountainous district, and diverted land into land without permission of the competent authority.

2. Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant, from the end of July 201 to the end of November 2011, 201, diverted approximately KRW 402 square meters of farmland outside the agricultural promotion area, without permission of the competent authority, by means of flating the farmland D and E, which is farmland outside the agricultural promotion area.

3. A person who intends to engage in development activities in a production management area in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, from the end of July 201 to the end of November 2011, engaged in development activities without permission of the competent authority by means of flating a total of 402 square meters of Gyeonggi-si D and E, a production management area, from the end of November 201 to the end of December 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written accusation;

1. On-site photographs;

1. Survey map of the current status;

1. Confirmation of land use plan;

1. Transfer certificate (Attachment of a certificate of seal imprint);

1. Previous convictions in judgment: In case inquiry and application of statutes governing the judgment;

1. Article 53 Subparag. 1 and the main text of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012); the former Farmland Act (amended by Act No. 11690, Mar. 23, 2013) regarding criminal facts.

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