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(영문) 수원지방법원 2020.11.11 2020고단4325
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Management of Mountainous Districts Act shall convert a mountainous district without obtaining permission therefor or divert a mountainous district upon obtaining permission therefor by false or other unjust means;

Nevertheless, the Defendant, without obtaining permission for mountainous district conversion from June 2018 to May 7, 2020, laid down and cut the 3,774 square meters of forests and fields for the construction of housing sites in Y in Ssung-si B for the construction of housing sites.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the head of a Si, etc. to engage in development activities that alter the form and quality of land, in violation of this Act, and shall not obtain permission or permission for alteration, or conduct development activities by obtaining permission or permission for alteration by fraudulent or other illegal means

Nevertheless, the Defendant, without obtaining permission for development activities, laid down and cut the 3,774 square meters of forest land at the same time and place as that of paragraph (1).

Summary of Evidence

1. Statement of the defendant in court (which is made on the second trial date) 1 and a public official statement in C;

1. Survey maps of earth and sand, damaged area maps, and actual survey maps;

1. Application of field photographs, airlines (2018), airlines (2019)-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning facts constituting an offense (a change in the quality of land without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances - the conversion of mountainous districts without permission, and the alteration of the form and quality is not small.

e.beliable;

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