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(영문) 대구지방법원 안동지원 2015.11.20 2015고단316
산지관리법위반등
Text

Defendant

A shall be punished by imprisonment for six months and by a fine for 1,00,000 won, and Defendant B shall be punished by a fine for negligence for 5,00,000 won.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the kind, area, etc. of the mountainous district for a specified purpose, and the same shall also

Nevertheless, the Defendant, from July 10, 2013 to December 31, 2014, obtained permission for conversion of a mountainous district for the purpose of constructing Class I neighborhood living facilities (retail stores) on the ground of inside Dong-si (E division) 7,994 square meters, but constructed the said permitted area exceeding KRW 275 square meters without obtaining permission for change.

Accordingly, the Defendant, without obtaining permission for change, diverted mountainous districts differently from the details of permission for change.

(b) A person who intends to divert farmland shall obtain permission to divert farmland from the Minister of Agriculture, Food and Rural Affairs, and the same shall also apply where he/she intends to alter important matters, such as the area and boundary of the permitted farmland, use of facilities to be installed, or

Nevertheless, around June 11, 2013, the Defendant was permitted to divert farmland for the purpose of newly constructing Class I neighborhood living facilities (construction materials retail stores) on the aggregate of 2,172 square meters in Ansan-si, Seoul, a farmland outside the agricultural promotion area, but around that time, from around December 31, 2014 to around December 31, 2014, the Defendant newly constructed a factory (a steel production facility (manufacturing business) which is not a facility permitted on the said farmland, and installed a concrete retaining wall on the said land on the same date as before August 5, 2014 without obtaining permission to divert farmland to G.

Accordingly, the defendant did not obtain the changed farmland diversion permission, changed the purpose of the facility to be installed in the permitted farmland, and diverted farmland.

(c) Any person in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from the head of a Si/Gun, etc. who intends to construct buildings or to install structures, and the same shall apply where he

Nevertheless, there is a need to do so.

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