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(영문) 수원지방법원 여주지원 2013.12.23 2013고단841

산지관리법위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall designate its use and obtain permission therefor from the Minister of the Korea Forest Service.

Nevertheless, on December 2009, the Defendant, without obtaining permission for conversion of a mountainous district, laid down a ginseng field by extracting trees that were born therein using an excavated machine and making a field of conversion of a mountainous district of 2,534 square meters among 4,420 square meters among 2,534 square meters of forest land, and 11,380 square meters of D forest land, which was 2,569 square meters of 2,569 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement made by the prosecution with respect to F;

1. Each police statement concerning G, E, and F;

1. On-site photographs;

1. Current status of illegal conversion;

1. Illegal diversion of mountainous district register (airman in 200);

1. Illegal diversion of mountainous district register (airman in 2006);

1. An airline for conversion of mountainous district (2008);

1. An airline for conversion of mountainous district (2009);

1. An airline for conversion of mountainous district (Presumption in 2011);

1. Investigation into receipt of illegal standing timber;

1. Receipts and photographs for receiving illegal standing timber;

1. Land cadastre;

1. Land cadastre;

1. A notice of designation for temporary use (I);

1. Written notice of designation for temporary use;

1. Forestry register;

1. The Gu forest register;

1. A certified copy of the cadastral map;

1. A certified copy of the cadastral map;

1. Investigation report (Adjustment of the details of land division);

1. The Gu forest register;

1. Forestry register;

1. The Gu forest register;

1. The Gu forest register;

1. The Gu forest register;

1. A contract for lease of real estate;

1. An investigation report (a confirmation, etc. of the details of the notice of designation of temporary transfer site);

1. Copy of a land substitution plan;

1. Determination on the assertion of a certified copy of cadastral map (P) and his/her defense counsel

1. Of the claim 4,420 square meters of the above C forest land, 2,534 square meters (hereinafter “the part for exclusive use of C forest”) is a place where a farmer was actually dead from around 1977 to 1997, and cannot be deemed as a mountainous district under the Mountainous Districts Management Act. Even if not, the surrounding land was changed into farmland as farmland improvement project, and the Defendant also committed the said act.

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