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(영문) 대구지방법원 안동지원 2021.02.03 2020고단586
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in development activities shall obtain permission from the competent authority, and a person who intends to divert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district, specifying the purposes thereof, and shall not engage in any act of changing the form of land by cutting standing trees or bamboo, gathering or gathering forest products, damaging or withering standing trees, bamboo, or forestry products, cutting livestock, cutting the ground, filling-up, or cutting the ground within the forest conservation zone, etc.

Nevertheless, from around October 2019 to January 20, 2020, the Defendant cut, laid, laid, or suspended land of 2,385 square meters in the Dong-si land located within a forest conservation zone, without obtaining permission from the competent authority, and changed the shape, form, and quality of the land by cutting, cutting, or cutting, or raising the form and quality of the mountainous district of 17,176 square meters in total as shown in the list of crimes in the attached Table, and simultaneously changed the form and quality of the land (development act) by cutting, cutting, or raising the land of 17,176 square meters in total as shown in the list of crimes in the attached Table and changing the form and quality of the mountainous district and the form of the land (the alteration of the shape of the mountainous district exclusive use and the forest conservation zone).

Summary of Evidence

1. Legal statements C and written statements of the defendant C and D;

1. Application of Acts and subordinate statutes to accusations, field photographs, certified copies of land registers, investigation reports (to attach field photographs), investigation reports (to listen to the counter party telephone statements by landscaping business operators E), investigation reports (to attach certified copies of forestry maps and cadastral maps), investigation reports (to attach certified copies of land use plans), and

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) subparagraph 2 of the same Act (a point of an unauthorized development act), Article 53 subparagraph 1 of the Mountainous Districts Management Act, Article 14 (1) (a point of an unauthorized mountainous district) of the Mountainous Districts Management Act, Article 54 (2) 1 of the Forest Protection Act, and Article 9 (1) 4 of the same Act (a point of changing the form and quality of land within a forest conservation zone);

1. Articles 40 and 50 of the Criminal Act (the largest punishment shall be imposed) for the ordinary concurrent crimes.

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