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(영문) 의정부지방법원 2017.10.19 2017고정1183
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an agricultural corporation.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;

On October 2010, without permission from the head of the forest office, etc., the Defendant cut the quantity of approximately 1-3 meters from the area of approximately 140 square meters, which is part of the area of approximately 5,765 square meters, of the land category of Gyeonggi-gun, Gyeonggi-do, without permission, and changed the form and quality of the land.

2. Violation of the Building Act and the Act on the Planning and Utilization of National Land.

(a) If it is intended to obtain a building permit or modify any building report, it shall file a report thereon with the competent permitting authority before such modification;

On July 2016, the Defendant constructed a 23m square meters of neighboring land without filing a report on a new construction of a detached house in Pyeongtaek-gun D, Gyeonggi-do, without filing a report on the change.

(b) Where any matter permitted to engage in development activities, such as construction of buildings in violation of the National Land Planning and Utilization Act, is altered, permission for alteration shall be obtained from the competent authority;

The Defendant, without obtaining permission from the competent authorities for change, moved the location of a building at a 3-meter range as described in paragraph 2, and constructed a detached house.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written accusation, a written report on construction report, a survey result map of each cadastral status, aerial photography, land register, confirmation certificate of land use plan, and investigation report (the time specified for acts);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 6 of the Addenda to the Management of the Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 111 Subparag. 1 and 16(1) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); national land plan and plan.

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