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(영문) 제주지방법원 2016.07.13 2016고단755

산지관리법위반등

Text

Defendant

A Imprisonment of two years and six months and fine of 40,000,000 won, Defendant B’s imprisonment of one year and fine of 20,000,000 won.

Reasons

Punishment of the crime

Defendant

A From April 15, 2014, Defendant B, who was the former wife from around April 15, 2014, G, who is the de facto spouse of Defendant’s fatherF, and the Defendant’s son jointly owned 1/3 each by 1/3,00 square meters of forest land in Jeju-si and J’s total area (hereinafter “the forest in this case”). Defendant B, construction machinery leasing, and Defendant C, a construction business operator, obtained an order of restoration from the Jeju Mayor around March 25, 2015, for an act of creating access roads on approximately 577 square meters of the above forest land, and Defendant A was actually ordered to implement mountainous district restoration work in accordance with an order of restoration from the original forest in question, and actually, Defendant A introduced the above forest in the above forest to fill a valley form, cut a boundary slope, and he planned restoration work in accordance with the public service center plan, and submitted Defendant C’s application for restoration work in accordance with the above plan for restoration of the mountainous district in the form of 50 square meters.

2. After obtaining approval, Defendant B and G had engaged in practical affairs, such as supervision of official photographs, etc. in the forest above. Defendant B and G conspired each other to bear the above construction cost.

Defendant

From July 2015 to January 2016, Defendant C brought about approximately 17,483 cubic meters from the above forests from July 2015 to September 2015, and from around July 2015, Defendant C brought about about 17,483 cubic meters from the nearby construction site by using dump trucks and digging machines into the said forests, and buried in the said forests, and then buried in the valleys, such as cutting off the slope of the boundary of the forests adjacent to the forests and fields and piling up the electric stone.

Accordingly, in collusion with G, the Defendants used approximately approximately KRW 6,843 square meters in total for the same Dong K, L, M, and N forest area as the above forest area without obtaining permission from the competent authority. At the same time, the Defendants changed the form and quality of the land area within the absolute conservation area to approximately KRW 3,169 square meters without obtaining permission from the Jeju Special Self-Governing Province branch office.