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(영문) 인천지방법원 부천지원 2013.08.16 2013고정216
산지관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an individual entrepreneur who is engaged in artificial fisheries, such as c’ in the name of “C” and relic.

Any person who intends to divert a mountainous district shall determine its use and obtain permission from the competent administrative agencies, such as the Minister of the Korea Forest Service.

Nevertheless, on October 2012, the Defendant converted the use of mountainous districts into mountainous districts by means of cutting 10 square meters and 71 square meters in Kimpo-si, Kimpo-si (Preservation Mountainous Districts), and converted the use of mountainous districts into mountainous districts by means of piling up the soil generated in F (Quasi-Preservation Mountainous Districts) up to 404 square meters, as above, while cutting the ground in the above city around the city.

Accordingly, the Defendant arbitrarily diverted a mountainous district of 485 square meters without permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of the photographs of submitting illegal matters, land use plans, respective forest register, and land cadastre-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act and the selection of fines for criminal facts;

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

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

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

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