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(영문) 창원지방법원 마산지원 2020.05.29 2019고단1032
국토의계획및이용에관한법률위반등
Text

The defendant shall be punished by imprisonment for three months with prison labor, and a fine of four million won with respect to the second crime in the judgment.

Reasons

Punishment of the crime

[criminal power] On January 29, 2019, the Defendant was sentenced to a suspended sentence of three years for a two-year period of imprisonment for fraud in the Jinwon District Court's Jinju branch, and the judgment became final and conclusive on February 8, 2019.

【Criminal Facts】

1. A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. for a specified use, and a person who intends to engage in development activities shall obtain permission from a competent administrative agency

Nevertheless, the Defendant, without obtaining permission for conversion of mountainous district and permission for development from the competent authority in November 2018, 2018, filled up the recyclable aggregate of 2.2 square meters in height of 100 square meters of land from the Changwon-si, Changwon-si, Masan-si, a quasi-preserved mountainous district, with a height of 1,00 square meters, and converted the form and quality of land to a mountainous district and conducted development activities at the same time by using concrete packaging on 70 square meters of land.

2. As above, the Defendant violated the above restoration order because it did not restore the land to its original state even though it was ordered by the Mhap-gu Office to restore the land to its original state by June 7, 2019, by changing the form and quality of the land as well as by converting the use of the land.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Confirmation of the accusation, location map, on-site photograph, official text of an order for restoration to the original state, and the same electric power;

1. Each investigation report (verification as to whether public officials in charge of accusation have telephone communications and restoration to original state);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other statutes;

1. Subparagraph 1 of Article 140, Article 56 (1) 2, Articles 142 and 133 (1) of the National Land Planning and Utilization Act concerning facts constituting a crime, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1), Article 55 subparagraph 10, and Article 44 (1) of the Management of Mountainous Districts Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Determination of imprisonment with prison labor for the crime No. 1 in the judgment of choice of punishment, and of fine for the crime No. 2 in the judgment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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