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(영문) 창원지방법원 밀양지원 2017.12.21 2017고정150
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is the deceased of C religious organization D in Syang-si.

1. Violation of the Act on the Management of Mountainous Districts, Violation of Farmland Act, Violation of the Building Act, and National Land Planning and Utilization Act in May 2016 is the owner of Mountainous Districts E (Th, 5,329 square meters) and Muyang City F (Th, 1,253 square meters) in Muyang City (Th, 5,329 square meters).

Any person who intends to divert farmland and mountainous districts shall obtain permission for development activities, permission for diversion of mountainous districts, and permission for diversion of farmland from the competent authority, and any person who intends to construct buildings shall report to the competent authority.

Nevertheless, on May 2016, the Defendant, without obtaining permission for development activities, permission for mountainous district conversion, or permission for diversion of farmland from the competent authorities, constructed residential buildings after changing the form and quality of the land from G (Boak, 226 square meters) and E (Poak, 5,329 square meters) in G (Boak, 226 square meters) and G (Poak, 5,329 square meters).

2. On February 19, 2017, the Defendant violated the Mountainous Districts Management Act: (a) on February 19, 2017, filled up and cut land of approximately KRW 300 square meters without obtaining a mountainous district conversion permit from the competent authority; and (b) changed the form and quality of the mountainous district by cutting down and cutting the land of approximately 300 square meters without obtaining a mountainous district conversion permit from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement, each location map, current status photograph, location map, and local photograph;

1. Application of Acts and subordinate statutes to confirmations on land use plans, certified copies of each land register, and each land register;

1. Article 140 subparag. 1 and Article 56(1) of the National Land Planning and Utilization Act (unauthorized development activities) on criminal facts; Article 53 subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 57(2) and 34(1) of the Farmland Act (limited to the diversion of unauthorized mountainous districts) on the charges of crime; Articles 111 subparag. 1 and 14 of the Building Act (limited to the diversion of unauthorized farmland);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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