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(영문) 창원지방법원 거창지원 2018.02.21 2017고단102
산지관리법위반등
Text

Defendant shall be punished by imprisonment for a period of eight months and a fine of twenty million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant agency, such as the head of the relevant forest, for a specified purpose, and a person who intends to engage in development activities, such as changing the form and quality of land shall obtain permission from the head of the

1. From May 2015 to July 2016, the Defendant violated the Management of Mountainous Districts Act: (a) was performing construction works after completing a report on temporary use of mountainous districts in the Gyeongnam Development-gun and D (hereinafter referred to as “land”) to repair ditches from around May 2015 to around July 2016; (b) was exempted from the relevant reported area; and (c) was performing construction works on the aggregate of approximately 5,015 square meters in total of 3,287 square meters and 1,728 square meters in D forest, and 344 square meters in E forest; (d) cut and filled the said land; (e) 2,748 square meters in E forest; (e) 2,043 square meters in G forest; (e) 1,842 square meters in H forest; and (e) 7,476 square meters in total of 47 and 453 square meters in I forest, without obtaining permission from the competent administrative agency.

2. The Defendant violated the National Land Planning and Utilization Act: (a) around the day indicated in the foregoing paragraph (1), the total area indicated in the application for permission to change the form and quality of land in the above manner, including approximately 12,468 square meters of forest land and approximately 12,468 square meters of forest land and approximately 13,877 square meters of forest land and approximately 124 square meters of forest land and about 13,877 square meters of forest and about 285 square meters of forest and about 12,124 square meters of forest and about 9 square meters of forest and orchard in J-gun, K-gun, Gyeongnam Development-gun

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of inspection by this court;

1. Statement made by the prosecutor with respect to L;

1. A survey report on each actual situation and a report on the results of each business trip;

1. A permit for diversion of a mountainous district or a report on temporary use of each mountainous district;

1. A map of each location, cadastral map, satellite photograph, ledger of each photograph, current status survey of each forest damaged area, on-site photograph, damaged area of each forest, area of each damaged forest, plane register, cadastral map and damaged area, photo register of each forest and field, on-site photograph, and on-site map;

1. Each investigation report (a statement by telephone of a public official in charge);

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