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(영문) 전주지방법원 군산지원 2017.06.21 2017고정101

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying the purpose thereof, and the same shall apply where he/she intends to modify permitted

Nevertheless, the Defendant, in relation to the corporate affairs, had C, an employee of C, engage in the act of converting land into mountainous district by gathering earth and sand from mountainous district equivalent to the size of 76 square meters of the land E-owned land without obtaining permission from the head of Yan-si in order to build a sports site in B around Sep. 2013, 201.

Summary of Evidence

1. A protocol concerning the examination of suspects of F or C by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to notify the matters to be implemented following an application for requesting the investigation of forest flaps, earth and sand bags, field photographs, soil survey sheets, cadastral and old scenic maps, survey maps of the current status, youth training facility registration certificates, and permission for use and benefit of public property in the city;

1. Articles 56 and 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) concerning the facts constituting the crime;

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