산지관리법위반
Defendant
A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 5,000,000.
Defendant
A above.
Punishment of the crime
1. On October 31, 201, Defendant A was performing civil engineering works with the permission of conversion for the purpose of installing seeds and seedlings growing facilities, which are animal and plant-related facilities, on a October 31, 201, with respect to the area of the said mountainous district, Defendant A installed reinforced retaining walls on the area of the said mountainous district, E, F, G forest 1,701 square meters adjacent to the said mountainous district without obtaining permission of conversion from the Namyang-si, the competent authority, around July 2012, and converted the form and quality of the mountainous district by installing access roads.
2. Defendant B, a representative director of the Defendant, diverted the use of mountainous districts without obtaining permission from the competent authority, as described in paragraph (1), in relation to the Defendant’s business at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes to the degree of illegal forest damage zones, illegal forest damage site photographs, field photographs, current status surveys, permission for mountainous district conversion, forest land use register, confirmation personnel of land use plan, satellite photographs, and all matters to be registered;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Subparagraph 1 of Article 53 and Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 11352, Feb. 22, 2012; hereinafter the same shall apply) (Selection of Fines)
(b) Defendant B: Articles 56, 53 subparag. 1, and 14(1) of the former Management of Mountainous Districts Act
1. Defendant A at the Nowon Station: (a) although the nature of the instant crime is not good, the Defendants appear to have led to the commission of the crime; (b) there are some circumstances to take account of the motive of the crime committed by residents of the village due to dust, noise, soil and sand outflow, etc. arising from civil engineering works; (c) there are areas adjacent to the areas where the permission for mountainous district conversion is granted, which are adjacent to the areas where the permission for mountainous district conversion is granted.