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(영문) 수원지방법원 여주지원 2017.04.21 2017고단41
산지관리법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 15,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district under defendant A shall obtain permission to divert a mountainous district from the head of the competent forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to the classification of uses thereof, and a person who intends to engage in development activities, such as changing the form

Nevertheless, in order to create farmland at the end of February 2016, the Defendant performed development activities by raising approximately 6.5 meters at a height of 1,648 square meters of land in Gyeonggi-gu, Gyeonggi-do, and D forest 20 square meters without obtaining permission for mountainous district conversion and permission for development from the competent authority and changing the form and quality thereof.

2. A person who intends to divert a mountainous district under Defendant B shall obtain permission to divert a mountainous district from the head of the forest administration in accordance with the classification of the types, areas, etc. of the mountainous district, and where he/she intends to divert farmland, he/she shall obtain permission to divert farmland from the competent administrative agency; where he/she intends to do development activities, such as changing the form and quality of land, he/she shall obtain permission to engage in development activities from the competent administrative agency; and where a person intends to build a container or a temporary building similar thereto, which is used as a temporary warehouse or temporary lodging, shall report it to the competent

Nevertheless, in order to create a housing site on July 2013, the Defendant cut the 35 square meters of forest land E-Gun, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, without obtaining any permission from the competent authority. The Defendant, which is located outside the agriculture promotion area, cut the F field 440 square meters, which is farmland outside the agriculture promotion area, 957 square meters in total, 1397 square meters in lots, G 1325 square meters in land, H 2,325 square meters in miscellaneous land, Gu 12 square meters in Gu, 12 square meters in Gu, and J 24 square meters in 2.6 m or 14.5 square meters in road, without filing a report thereon with the competent authority on April 2015, the Defendant constructed the 3 same mar container (72 square meters in total) for warehouse use in the same G, which is farmland.

Summary of Evidence

1. Defendants’ each.

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