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(영문) 창원지방법원 통영지원 2013.10.31 2013고정292
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of Tong Young-si B.

In Tong-si, B is a natural environment conservation area under the National Land Planning and Utilization Act, and is designated as a mountainous district for public interest under the Mountainous Districts Management Act.

A person who intends to construct a building with a total floor area of less than 200 square meters in a management area, agricultural and forest area, or natural environment conservation area under the National Land Planning and Utilization Act, and a person who intends to divert a mountainous district with less than three floors shall file a report with the competent Mayor, and a person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc.

Nevertheless, on August 2012, the Defendant constructed a single-story wooden building building (48 square meters) for the purpose of convenience of tourists visiting water levels in the Seocho-si, Seocho-si, Sindong, with no building report or permission for mountainous district conversion.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes notifying the results of investigation to the violator of the Building Act;

1. Article 53 subparagraph 1 of the relevant Act and Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the occupation of a mountainous district without permission), subparagraph 1 of Article 111 of the Building Act, and Article 14 of the Building Act, 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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