logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.11.10 2017고정591
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. In order to change the form and quality of land, a person obtained permission from the competent authority. However, the Defendant performed a flat work without obtaining permission from the competent authority to engage in development activities with respect to B(B) in neighboring Jeonju-si, Jeonju-si (500 square meters) at the end of January 2017.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission by setting the purpose of use and at the end of January, 2017, the Defendant, while doing flat work at the location of the Defendant’s land (B) and without obtaining permission for the neighboring Jeonju-si C (around 500 square meters).

3. A person who intends to cut standing timber in a forest shall obtain permission, but around the end of January 2017, the Defendant cut standing timber of about 500 square meters in Yansan-gu C (500 square meters) adjacent Jeonju-si (B) while performing the horizontal work of the land owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A written accusation;

1. Location map and current status of the area;

1. Article 75 of the Creation and Management of Forest Resources Act applicable to field photographs statutes provides for the collection of penalties. However, on the records, since the value of the instant forest products is unclear, the amount of the collection is not clear, and the collection of penalties is to be evaluated as equivalent to the penalty (see, e.g., Supreme Court Decision 2006Do1184, Jul. 24, 2008). In this case, where only the Defendant requested formal trial, the collection of penalties shall not be imposed.

1. Article 140 subparag. 1, Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point where the form and quality of an unauthorized mountainous district are altered), Article 53 subparag. 1, the main sentence of Article 14(1) of the Mountainous Districts Management Act (a point where the use of an unauthorized mountainous district is converted), Articles 74(1)3, and 36(1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense (a point where the use of an unauthorized mountainous district is cut);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the provisions of the National Land Planning and Utilization Act and the violation of the Management of Mountainous Districts Act) are added.

arrow