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(영문) 수원지방법원 여주지원 2018.12.05 2018고정559
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to divert a mountainous district shall obtain permission from the competent authority to divert such mountainous district;

Nevertheless, on May 2016 or June 201 of the same year, the Defendant, in collaboration with B, laid down the form and quality of the mountainous district without obtaining permission to convert mountainous districts with respect to the area of 139 square meters (a quasi-preserveded mountainous district).

2. Any person who intends to engage in development activities prescribed by the President, such as changing the form and quality of land, shall obtain permission from the competent authority;

Nevertheless, the Defendant, together with B, changed the form and quality of land by raising up to 3.1m from around May 2016 to June of the same year without obtaining permission for development activities with respect to 1,185m of 1,224m of land (Preservation Management Area) from D, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B statement of the police suspect interrogation protocol against the defendant

1. One-time protocol concerning suspect B of the police;

1. Statement made by the police for E;

1. Satellite photographs and field photographs;

1. Application of Acts and subordinate statutes to the current status surveying map, terminal, and cross-section;

1. Relevant Article 53 subparag. 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, Articles 14(1) of the same Act, Article 30 of the Criminal Act (limited to the diversion of an unauthorized mountainous district), Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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