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(영문) 청주지방법원 2018.05.31 2018고정63
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

A person who intends to use a mountainous district for any other purpose shall obtain permission for conversion of a mountainous district from the competent authority by determining the size and purpose of conversion.

1. When Defendant A’s use of soil from Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the preservation area of which was located in Seoul, repeated, the Defendant inflicted forest damage on KRW 92,300 by changing the unlawful form and quality of the forest by installing retaining walls and vegetation 21.3 square meters, without permission around March 2012.

2. Defendant B, who is engaged in agriculture, illegally changed the form and quality of 2,456 square meters by putting a large number of unauthorized buildings (such as rain houses, warehouses, plastic houses, etc.) with four buildings without obtaining permission on the ground of the petition district D in Cheongju-si, 1962, thereby causing forest damage to KRW 10,643,560.

Since then, the Defendants were issued a restoration order on December 3, 2015 and August 23, 2016, but the Defendants violated the restoration order without complying therewith.

Summary of Evidence

1. Defendants’ legal statement

1. The criminal branch report, the case transfer report, and written opinion;

1. Survey maps of each illegal damage to forests;

1. On-site photographs, current status photographs, and aerial photography;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Relevant legal provisions and Articles 55-10 and 44-1 of the Act on the Management of Mountainous Districts and the Selection of Fines concerning the crime

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. Article 334(1) of the Criminal Procedure Act

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