산지관리법위반
1. Defendant A shall be punished by a fine of KRW 1,00,000, and a fine of KRW 500,000, respectively.
2. Defendants each of the above facts.
Punishment of the crime
Anyone who intends to convert a mountainous district shall obtain permission, etc. from competent authorities.
Nevertheless, the Defendants used mountainous districts to convert mountainous districts without obtaining permission for mountainous district conversion as follows.
1. On March 2008, Defendant A: (a) conducted conversion of a mountainous district of approximately KRW 1,435 square meters out of the farmland D, Chungcheongnam-gun, Chungcheongnam-gun, using one cutter for the purpose of installing a farmland reclamation stable without obtaining permission from the competent authorities; and (b) caused forest damage equivalent to KRW 5,946,000, in the cost of mountainous district recovery.
2. On November 2010, Defendant B: (a) conducted conversion of a mountainous district of approximately KRW 215 square meters among the forest land D, Chungcheongnam-gun, Chungcheongnam-gun, using one cutter for the purpose of installing livestock penss without obtaining permission from the competent administrative agency; and (b) caused forest damage equivalent to KRW 890,000 in the cost of mountainous district recovery.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the suspect interrogation protocol on Defendant B by the prosecution
1. Each statement of the police suspect interrogation protocol against the Defendants
1. Statement of the police statement regarding E;
1. The filing of an accusation, a practical survey report, a location map, a field photo of an illegal forest damaged area, a criminal investigation report (Attachment to a ledger of forest land), the investigation report, the current status thereof, the basis for calculating the amount of damage caused by illegal forest, the entry in the investigation report, and the application of video-related Acts and subordinate statutes;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act and the selection of fines for criminal facts;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.