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(영문) 창원지방법원 2019.09.25 2019고단1177
국토의계획및이용에관한법률위반등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 21, 2017, the Defendant violated the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”), as the owner of a quasi-Preservation mountainous district, and obtained permission to engage in an act of constructing a detached house with a total of 4,924 square meters including the above forest and field from the

Any person who changes matters permitted for development activities shall obtain permission for change of development activities from the competent administrative agency.

Nevertheless, on October 2018, the Defendant did not obtain permission to change development activities from the Kimhae market, and revised the matters on which permission to engage in development activities was granted to the above B forest area of 947 square meters, and installed a back-L-type retaining wall (a height of about 1 m-6m, about 164m in length), and an reinforced earth retaining wall (a height of about 1m-4m, about 51m in length).

2. Any person who intends to engage in development activities shall obtain permission for development activities from a competent administrative agency, and any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying purposes thereof;

Nevertheless, the Defendant, without obtaining permission for development or permission for mountainous district conversion from the competent authority, did not obtain permission for development or permission for mountainous district conversion from the competent authority, and used a dump-type retaining wall (a height of about 5 m-6m, about 33m in length) and a stone embankment (a height of about 1m-1.5m, about 41.6m in width), and used a mountainous district to change the form and quality of land without obtaining permission for development or permission for mountainous district conversion for a total of two times as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation, accusation, written permission for change of use of building and large-scale repair, permission for development and permission for mountainous district conversion, land use planning confirmation personnel, forest land register, location map, on-site photographs, structure planning ground plans, and certified copy of a

1. Article 140 of the National Land Planning and Utilization Act concerning facts constituting an offense;

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