산지관리법위반
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
As a representative of limited company C, the Defendant is running the business of collecting and selling aggregate.
1. A person who intends to collect earth or stone in a forest, other than an unauthorized state forest, shall obtain permission from the competent authority;
The Defendant’s limited company C obtained permission to collect earth and sand for the area D 2,230 square meters in South-Namnam-gun, Nam-gun, and did not obtain permission to collect stone. The period of collection and release expired on February 28, 2016, and there was no additional permission to obtain permission or approval for the restoration plan for D.
However, the defendant on July 19, 2016 and the same year
9.6. At around D, without permission from the competent authorities, earth and rocks were collected without permission by cutting or crushing rocks at the bottom of the earth by using heavy equipment (a excavated machine).
2. A person who intends to temporarily use a mountainous district in a non-reported mountainous district, other than a state forest, shall report it to the competent authority;
However, from July 2016 to September 201 of the same year, the Defendant laid down earth and rocks collected from D, etc. without reporting it to the competent authorities in Nam-nam-gun, Namnam-gun, Seoul, without permission.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statement of witness E in the third public trial protocol;
1. Entry of each part of the witness F and G in the third public trial records;
1. Statement made by the witness H in the fourth public trial record;
1. Each investigation report and report on the results of investigation;
1. A copy of the cadastral map and the actual survey map of the status;
1. A report on transportation of powders and a blasting work log;
1. Application of the relevant Act and subordinate statutes in the written accusation of preparation of the Navy: 1. Selection of each fine, respectively, for a crime under Article 53 subparagraph 3 of the Act and Article 25 (1) of the Management of Mountainous Districts for the Selection of Punishment (the point of gathering earth and stone without permission), Article 5 subparagraph 2 of the Mountainous Districts Management Act and Article 15-2 (2) of the Mountainous Districts Management Act (the point of diversion of unregistered mountainous districts);
1. The provision of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the aggregate of the punishments prescribed in each crime is aggregated) of the aggravated concurrent crimes;