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Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
"2017 Highest 1156" [In fact] The defendant is a person who has obtained permission to engage in development activities (the creation of a factory site) against B and three parcels during Ansan-si.
[2] The Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Sis/Guns shall obtain permission to engage in development activities.
Nevertheless, the Defendant cut the land from 48,470.79 cubic meters in total (B: 14,586.08 cubic meters, C, D, E: 33,84.71 cubic meters) from 14,586.08 cubic meters and changed the form and quality of land, while the Defendant was engaged in development activities for building a factory site on February 2, 2014.
When anyone intends to divert a mountainous district, he/she shall obtain permission from the head of a forest office, etc. for the use thereof.
Nevertheless, on June 10, 2017, the Defendant cut standing timber to engage in development activities with respect to approximately KRW 5,894 square meters among F forest land in Ansan-si on the same day without obtaining the aforementioned permission, and converted the use of mountainous districts, such as filling-up and cutting of earth.
Summary of Evidence
"2017 Highest 1156"
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. G statements;
1. The accusation book, the terms and conditions of permission, the land use planning map and illegal status photograph, each soil survey sheet, cross-section, the actual course map, the survey map of the current status, the plan for land use, the plan for prevention of damage (revision), the end map in the complex, the cross-section map in the complex, the end map in the complex, and the cross-section map in the complex “2017 order 1380”;
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A H statement;
1. Application of accusation, actual survey drawings, and on-site photographs-related statutes;
1. Relevant Article 140 Subparag. 1 of the National Land Planning and Utilization Act, and Article 56 Subparag. 2 of the Act on the Selection of Punishment for Criminal Facts (a change of development act without permission), Article 53 Subparag. 1 of the Mountainous Districts Management Act, and the main sentence of Article 14(1) of the Mountainous Districts Management Act (a point of exclusive use of an unauthorized mountainous district), and the selection of fines, respectively;
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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.