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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
1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent agency;
Nevertheless, on October 2016, the Defendant changed the shape of soil by cutting and banking up the ground in order to create a site for the installation of a greenhouse for agricultural use on approximately 1,800 square meters of land B in leisure time, the land category of which is “gall,” without obtaining the permission of a female tree in a around 1,800 square meters.
2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission to divert such mountainous district from the competent agency by determining its use;
Nevertheless, on October 2016, the Defendant converted the use of mountainous districts to mountainous districts by creating a greenhouse site for agricultural use on the land category of the same 1,800 square meters, which belongs to a mountainous district, without obtaining permission to convert a mountainous district in a female tree city.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the details of accusation, location map, local background, and business trip;
1. Application of C’s statement protocol statutes
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning the facts constituting an offense; Articles 53 (1) and 14 (1) of the Mountainous Districts Management Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;