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(영문) 대구지방법원 김천지원 2018.07.11 2018고단427
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C From January 11, 2017 to January 10, 2019, a stock company obtained permission from the competent authority to engage in development activities and mountainous district conversion permission to install solar power generation facilities and to convert mountainous district to 28,214 square meters of forest land in Gu and Si/Gu. The Defendant is a person who is to obtain solar power generation facilities from the said C and to perform civil engineering works with respect to the said mountainous district.

1. In order to change the form and quality of land, construct buildings or install structures, contrary to the details of permission for violation of the National Land Planning and Utilization Act, permission for alteration of development activities shall be obtained from the competent authority;

However, from July 2017 to September 201 of the same year, the Defendant cut the soil in the area where slope was rapidly high by using excavation devices, etc. without obtaining permission for development activities from the competent authorities, and changed the form and quality of land 4,987 square meters by covering the soil at low places.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent administrative agency for a specified purpose, and the same shall apply where he/she intends to modify permitted matters;

However, the Defendant, from July 2017 to September 20 of the same year, installed solar power facilities in the Gu, Si, Si, Si, Si, and Gu, and 28,214 square meters of the above mountainous district.

After obtaining permission to convert mountainous districts, the above mountainous district was diverted to 5,197 square meters in order to perform solar installation work on the 5,197 square meters other than the above permitted mountainous district without obtaining permission to change permission from the competent administrative agency, and was converted to 5,197 square meters in the above mountainous district to cover the amount equivalent to 99,619,000 won

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. The photographic site and land register;

1. The application of Acts and subordinate statutes to a criminal investigation report (Attachment of materials submitted by an accuser);

1. Relevant legal provisions concerning criminal facts;

(a) Development activities without permission for change: Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, the main sentence of Article 56 (2), and Article 56 (1) 2 of the same Act;

(b) Diversion of mountainous districts preserved without permission: Article 53 of the Mountainous Districts Management Act;

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