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(영문) 전주지방법원 2019.06.12 2017고단2628
산지관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 15, 2015, the Defendant, who violated the National Land Planning and Utilization Act, the Farmland Act, and the Management of Mountainous Districts Act due to an unauthorized development act, was granted permission to engage in the gathering of soil and rocks of 13,476 cubic meters from Jinan-gun, Jinan-gun for the purpose of gathering earth and sand from 4,90 square meters before 7,652 square meters for the purpose of raising good farmland, and the gathering of soil and rocks of 5,748 cubic meters from C B before 3,515 square meters.

Any person who intends to engage in development activities, such as changing the form and quality of land, gathering soil and stones, piling up goods within a green area, control area or natural environment conservation area for at least one month, shall obtain permission from the competent authority, and any person who intends to divert or temporarily use farmland for another purpose, or any person who intends to divert a mountainous district shall obtain permission from

Nevertheless, from March 2016 to April 2017, the Defendant: (a) collected soil and rocks exceeding the scope of permission from 15,430 cubic meters in excess of the scope of permission from the 4,900 square meters in excess of the scope of permission from the 7,652 square meters in the preceding B B from March 2016 to April 2017; (b) performed development activities, such as collecting soil and rocks or piling up construction materials in an area where permission has not been granted; and (c) diverted farmland without permission (number 5 to 8); (d) diverted farmland for other purposes; (e) temporarily using mountainous districts for other purposes (number 1 to 4); and (e) collected earth and rocks without permission from the head of a Si/Gun/Gu.

(B) On January 18, 2017, the Defendant violated the National Land Planning and Utilization Act, and Management of Mountainous Districts Act following the failure to comply with an order to reinstate on December 2, 2014; and on January 18, 2017, the same year against the Defendant’s violation of the Mountainous Districts Management Act, as described in paragraph (1) by the Jinanan Military Office, for the acts set forth in attached Table 1, 5, 6, 9,

2. Although an order to restore to the original state was received by no later than 15. However, the order was not complied with without justifiable grounds.

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