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(영문) 울산지방법원 2017.11.30 2017고단3269
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 6,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants are married couple, and Defendant A is the owner of approximately 5,752 square meters of forest land in Yangsan-si and approximately 4,331 square meters of farmland in H, and Defendant B is the owner of farmland in Yangsan-si. Defendant B, together with Defendant A, led the development and diversion of the said land while managing and using the said land.

1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority;

Nevertheless,

A. From around September 2016 to around January 2017, the Defendants: (a) had I, the construction business operator of the digging pool in order to establish an access road to the said forest in Yangsan-si, Defendant A, without obtaining permission from the competent administrative agency; (b) had I, the construction business operator of the digging pool in order to establish an access road to the said forest, cut approximately KRW 1,123 square meters of trees in the said forest by using a chiller, etc., which is a heavy equipment, cut approximately 20-30 square meters of trees in the said forest; and (c) changed the form and quality of land by cutting and banking soil with a height of approximately 2-4 meters;

B. From Sep. 2016 to Jan. 2, 2017, the Defendants: (a) on the farmland located in Yangsan-si, Defendant A’s ownership (former, approximately KRW 4,331 square meters); (b) without obtaining permission from the competent administrative authority; and (c) on the said farmland, the said I made the said I to store the said farmland with a large scale of 3,963 square meters in the area of the said farmland by using a c,963 square meter, etc., which is a heavy equipment, for the purpose of using the said farmland as a camping site and a parking lot, etc.; and (d) changed the form and quality of the land by cutting and banking soil.

As a result, Defendants conspired to engage in development activities such as changing the form and quality of land without obtaining permission from the competent authorities.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, the Defendants set forth in Section 1-A and set forth the date and time.

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