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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
(a) A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing Province offices
Nevertheless, the Defendant changed the form and quality of land by raising the size of at least 5 meters of 603 square meters among Gyeonggi-gun C, D, and E in January 2015, without permission from the competent authorities.
B. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the head of the relevant forest office, etc., but the Defendant, without permission from the competent authority on January 2015, 2015, converted the use of a mountainous district to convert the mountainous district by raising at least 5 meters of the size of 9 square meters among Gyeonggi-si D and E forest, by changing the form and quality thereof.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written accusation;
1. Survey maps of the current status of illegally damaged land;
1. Location map and on-site photographs;
1. Application of Acts and subordinate statutes confirming land use plans;
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) (unauthorized development acts) concerning the facts constituting an offense; Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act (unauthorized use of mountainous districts);
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who violates a mountainous district management with heavier punishment);
1. Selection of an alternative fine for punishment;
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;