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(영문) 창원지방법원 2014.11.14 2014고정1006
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City

Nevertheless, without obtaining permission from April 1, 2014 to April 11, 2014, the Defendant changed the form and quality by raising the size of 2,243 square meters in farmland and forest land in the window C of Changwon-si, Changwon-si, and 2,243 square meters in height to four meters.

2. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, the Defendant, without obtaining permission, converted the use of mountainous districts by performing land flat work, such as Paragraph (1), at the same time and place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Application of statutes on site photographs;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 53 of the Mountainous Districts Management Act and Articles 14 (1) of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

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

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