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(영문) 수원지방법원 성남지원 2017.11.30 2017고정1336
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

The Gyeonggi City is a planned management area under the urban management plan, and the quasi-permanent conservation area.

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent administrative agency, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc.

On May 20, 2017, the Defendant changed the form and quality of land and converted mountainous districts into mountainous districts by using scrakes on the forest land located in Gyeonggi-si, Gwangju-si, with no permission on around 589 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on site and location;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) 2 of the same Act (referring to changes in the form and quality without permission) concerning the facts constituting an offense, and Article 53 subparagraph 1 of the Mountainous Districts Management Act, and the main sentence of Article 14 (1) of the same Act (referring to the diversion of an unauthorized mountainous district);

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

1. Selection of an alternative fine for punishment (the original restoration point, the first offender point);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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