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(영문) 서울서부지방법원 2018.07.20 2018고단527
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant purchased an unauthorized building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the instant mountainous district”) around November 17, 2016, and resided in the said building from May to June 2017.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

From July 9 to July 2017, the Defendant, without obtaining permission, converted the use of mountainous districts into mountainous districts by altering its form and quality by installing drainage channels, repairing bricks, repairing bricks, removing spackers' spacks' spacks' spacks' spacks' spacks' spacks' spacks' spacks, and piling cements' spacks' spacks.

2. A person who intends to fell standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office as prescribed by Ordinance of the Ministry of Information and Communication;

The Defendant cut three trees without obtaining permission from July 2017 to August 8, 2017 when gasing within the instant mountainous district.

3. No person who violates the Act on the Property of State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by the Act on Property of State or other Acts, and the head of a central government office shall obtain permission to use administrative property;

From May to June, 2017, the Defendant resided in a building located in the instant mountainous district, which is an administrative property, without obtaining permission for use, and used the instant mountainous district by using the instant mountainous district as a flower, marina, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Flightman, local photograph, or photograph (not more than 112 pages of evidence);

1. Application of statutes to registers of State property and certificates of all matters to be registered;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Article 14 (1) of the Management of the Mountainous Districts which is the option of punishment (the point of an unauthorized mountainous district) and the creation and creation of forest resources;

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