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(영문) 수원지방법원 여주지원 2017.01.18 2016고단927
산지관리법위반등
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district and the same shall also apply where permitted matters are modified;

On February 5, 2016, the Defendant: (a) obtained permission to convert a mountainous district into a total of 4,995 square meters with a place of 12,106 square meters of E forest land; (b) 138 square meters of parking site; (c) 2,643 square meters of land; and (d) 4,995 square meters of land with a place of 2,643 square meters of land with a place of 4,095 square meters of land with a place of 12,106 square meters of land in E-si for the purpose of creating a site for a residential facility of Class 1 neighboring a 1,00 neighborhood; (b) on June 5, 2016, the Defendant converted a building site into a mountainous district with a place of 174.8 square meters without obtaining permission for alteration on June 2016; and (d)442.37 square meters

(b) A 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 authority, and the same shall also apply where he/she changes matters permitted for development

Nevertheless, the defendant did development activities differently from the permitted matters without obtaining permission to change the development activities of the competent authorities, such as the above paragraph (a).

2. The Defendant B, a representative director of the Defendant, converted the use of mountainous districts differently from the permitted matters without obtaining permission from the competent authority, as described in paragraph (1), and performed development activities differently from the permitted matters without obtaining permission for change of development activities from the competent authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement;

1. A certified copy of cadastral map, land register, confirmation of land use plan, and land use plan;

1. Certificates of permission for development activities:

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 54 subparag. 1 of the Mountainous Districts Management Act, the main sentence of Article 14 subparag. 1 (a) of the Mountainous Districts Management Act (unauthorized mountainous districts) and Articles 140 subparag. 1 and 56 of the National Land Planning and Utilization Act.

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