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(영문) 대전지방법원 천안지원 2015.12.22 2014고단1854

산지관리법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of mountainous district types, areas, etc. prescribed by Presidential Decree for the use thereof, and a person who intends to collect earth or stone in a mountainous district of a permitted forest shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and a person who intends to fell standing timber

1. Defendant A from March 2013 to the same year

6. During the process of building a factory site with the permission for the construction of Class 2 neighborhood living facilities in the Do-dong, Chungcheongnam-gu, Chungcheongnam-si, and Haman, a mountainous district conversion was conducted without obtaining permission for conversion of mountainous district, such as 3,268 square meters in the said D forest, 296 square meters in the E, 7,406 square meters in forests within F, 342 square meters in forests, 12,417 square meters in forests within H, 12,417 square meters in forests, and 151,146 square meters in forests within H, and 151,146 square meters in soil and stones without obtaining permission for conversion of mountainous district, and 3,268 square meters in forests within the said D, E, 296 square meters in total, 4,113 square meters in forests within H, and 547 square meters in forests within a 53.47 square meters in cubic meters.

2. In the process of building a factory site, as described in paragraph (1), from around July 2013 to July 15, 2014, Defendant B conducted conversion of a mountainous district without obtaining permission for conversion of a mountainous district, such as cutting the ground height lower than that permitted by using equipment such as digging machines, etc. in the above D, and collected earth and rocks from 69,960 cubic meters without obtaining permission for conversion of a mountainous district during that process.

Summary of Evidence

[Article 1 of the Criminal Act at the Time of Sales]

1. The defendant A's partial statement

1. Each prosecutor's protocol of examination of the defendant A and B;

1. Legal statement of the witness B;

1. A survey report on actual condition, a location map, a cadastral map, a land register, a survey report on forest damage;