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(영문) 대구지방법원 서부지원 2017.02.03 2016고정897

환경영향평가법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of “B Co., Ltd.” from around November 201 to April 10, 2014, is a person who, as a proxy, made the creation and sale of the head of Buddhist Cho Jong-dong D trees in Daegu-gun C.

No person who intends to conduct a small-scale project subject to environmental impact assessment shall conduct construction without undergoing a small-scale environmental impact assessment.

Nevertheless, from January 201 to April 10, 2014, the Defendant: (a) performed a construction work to install tree farms; (b) sold pine trees in lots; (c) sold 63 meters in lots; (d) performed a construction work to install tree farms in Daegu E-gun, Daegu E-gun, the scope of permission to conduct a small environmental impact assessment without going through a small-scale environmental impact assessment; and (e) performed a construction work to install tree farms at 3,730 square meters adjacent to Daegu E-gun, the scope of permission, which is more than 4,990 square meters, including removal of trees, flating work; (e) extension and maintenance of forest roads; (e) repair of drainage channels; and (e) installation of outdoor interior tables and stone bags; and (e) performed a construction work to install tree farms at 862 square meters in the same RiF forest and forest without undergoing a small environmental impact assessment.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a document requested for investigation (director of environmental assessment);

1. Public officials' written statements, written confirmation of violation, on-site photographs, completion of survey of current status (Korea Land Information Corporation), written confirmation of a land use plan, written application for permission for temporary use of mountainous districts, written application for permission for activities, and consultation related to the application for permission to create natural land within a religious organization (D), notification of prior implementation of the development activities under the application for permission to create natural land within a religious organization (D), and notification (G), and actual survey drawings;

1. Investigation report (current status of sale of woodlands and business registration certificate attached);

1. Application of Acts and subordinate statutes to investigation reports (social welfare of the achievement group and submission photographs attached thereto);

1. Article 74 (2) 1 and Article 43 of the Act on the Evaluation of Impacts of Punishment and the Impact of Preliminary Punishment on Crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;