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(영문) 청주지방법원 영동지원 2021.03.25 2020고단129
산지관리법위반등
Text

A defendant shall be punished by imprisonment for up to seven months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

" 2020 Highest 129"

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

On October 2018, from around October 2018 to October 2019, the Defendant used excavation equipment on the size of 5,458.5 square meters in Chungcheong-gun B and C, a preserved mountainous district, without obtaining permission to convert a mountainous district, and used it to convert a mountainous district into a mountainous district.

2. A person who intends to engage in development activities, such as any violation of the National Land Planning and Utilization Act, change in the form and quality of land in violation of farmland Act, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or heads of Sis/Guns, and a person who intends to divert farmland shall obtain permission from the head of the

On September 2018, the Defendant, without obtaining permission for development activities or permission for diversion of farmland, installed a miscellaneous packing and basic construction work (18m2) in the area of 36m2 in the area of Chungcheong-gun D, Chungcheongnam-gun outside the agricultural promotion area, and installed a container (18m2) outside the agricultural promotion area, and used farmland for development activities at the same time.

"200 Highest 217"

1. 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 due to development activities without permission shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor;

The Defendant, without obtaining permission for development activities from March 2017 to August 2019, performed development activities by piling up soil of 3 to 5 meters high from the excavated machine for the purpose of fostering seedlings in Chungcheong-gun E without obtaining permission for development activities.

2. A person who engages in development activities without obtaining permission for development activities in violation of the National Land Planning and Utilization Act due to nonperformance of an order to reinstate shall suspend construction works by the Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun/Gu.

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