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The accused shall announce the summary of the judgment of innocence.
Reasons
1. The Defendant was a person engaged in the construction business, and was granted permission for conversion of a site for 29,058 square meters of land outside Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-gun, and two lots for the purpose of building a factory site.
A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree,
Nevertheless, the Defendant, without permission to alter a mountainous district conversion from February 11, 2014 to December 11, 2014, converted the use of mountainous district from around 29,058 square meters to 32,878 cubic meters of the permitted earth and rocks, which were cut and taken out in addition to 11,034 cubic meters of the land from around 11, 2014.
(b) A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities, i.e., permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Drawing Cities, Special Self-Governing Province
Nevertheless, the Defendant, at the time and place under the preceding paragraph, cut earth and rocks from 11,034 cubic meters without permission by cutting them from 11,034 cubic meters.
2. Determination
A. The summary of the facts charged in this part of the judgment on the violation of the Mountainous Districts Management Act is that the defendant collected earth and rocks in excess of the quantity of earth and rocks collected in the conversion of the mountainous district in this case.
However, according to the records, while converting the mountainous district of this case, the defendant excavated more than 3 meters or 12 meters in depth than the planned height in a specific section, and the collecting volume of earth and rocks in the part excavated more depth than the planned height reaches about 11,034 cubic meters. However, while converting the mountainous district of this case into the mountainous district of this case, the defendant suspended construction upon receiving an order to restore the mountainous district to its original state from the lower-dong head, and accordingly, the defendant converted the mountainous district