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Defendant shall be punished by a fine not exceeding seven million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is a person who has performed civil engineering works for the creation of factory sites in the B in the ethic City B.
1. Any person who intends to revise matters permitted to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent Mayor;
Nevertheless, on December 2015, the Defendant: (a) obtained the permission for the act of cutting the land from 148,130 cubic meters of forest B forest land around 27,587 square meters; and (b) obtained the permission for the act of cutting the land from 148,130 cubic meters, the Defendant laid down the land from 332,687 cubic meters of the land without obtaining the permission
2. A person who intends to divert a mountainous district in violation of the National Land Planning and Utilization Act or violation of the Management of Mountainous Districts Act shall obtain permission to divert a mountainous district from the head of the relevant forest within a specified purpose, while a person who intends to engage in development activities shall obtain permission from the
Nevertheless, the Defendant, without obtaining permission from the head of the Korea Forest Service or obtaining permission from the Mayor, was engaged in development activities simultaneously with changing the form and quality by cutting the ground by cutting the ground in order to construct the factory site as above, in a total of 1,342 square meters of fireproof C, D Forest, around December 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation and a written statement;
1. Application of Acts and subordinate statutes, such as approval for factory establishment;
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2, and Article 56 (2) (a point of development activities without permission) concerning the facts constituting an offense; Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) (a point of use for an unauthorized mountainous district) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse are against the defendant, the completion of the restoration of the original state to the land which is cut and converted to a mountainous district has been completed, the fact that the defendant has no previous conviction exceeding a fine, and the age, gender, and the defendant's age.