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(영문) 서울중앙지방법원 2015.06.26 2014고정4310

산지관리법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district shall determine its purposes and obtain permission therefor from the Minister of the Korea Forest Service;

Nevertheless, around April 2014, the Defendant converted the use of mountainous districts, such as cutting and banking, without obtaining permission for diversion of the use of forest, in the forests and fields with a size of 3,865 square meters in Yeongdeungpo-gu, Young-si.

2. Anyone who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si, etc. to cut standing timber, to mine or gather forest products;

Nevertheless, the Defendant cut 30 standing trees, such as sbro-culed tree, without obtaining permission for cutting standing trees, at the same time and place as the above paragraph (1).

3. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the head of a Si, etc.

Nevertheless, the Defendant changed the form and quality of land, such as cutting and banking, without obtaining permission for development activities in a natural green area of approximately 4,000 square meters in the above E, F, C, and D on a temporary basis, such as the above paragraph (1).

Summary of Evidence

1. Statements of the accused in the second and third protocol of trial;

1. Legal statement of witness G;

1. Each accusation (the head of the relevant personal market and interest center);

1. A statement of H and G preparation;

1. A written statement prepared in the I;

1. Location map and on-site photograph (on-site No. 3);

1. Permission to excavate standing timber;

1. On-site photographs (number 9);

1. Regulation of land use information;

1. Full certificate of the registered matters;

1. Investigation report (user viewing and telephone communications);

1. Each business trip report (No. 14,15 No. 14,15) of J and G preparation;

1. A permit to excavate standing timber;

1. An application for permission;

1. Area map;

1. Construction specifications;

1. Flight navigator in 2012;

1. Application of laws and regulations governing airlines of 2014;

1. Article 53 Subparag. 1 and Article 14(1) of the relevant Act on the Management of Mountainous Districts Act for criminal facts; Article 74(1)3 and Article 36 of the former Creation and Management of Forest Resources Act (Amended by Act No. 12415, Mar. 11, 2014).