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(영문) 수원지방법원 여주지원 2015.11.17 2015고정250

산지관리법위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the executive director of Defendant B, the purpose of which is to wholesale and retail business, etc., and is the person in charge of the new construction site of the above-ground company C in Leecheon-si.

1. A person who intends to convert a mountainous district under subparagraph A shall obtain permission from the Minister of the Korea Forest Service according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, in September 2014, the Defendant used a 795 square meters out of D, 4,595 square meters, C, 3,258 square meters, and 423 square meters out of E, E, 4,708 square meters, without obtaining permission for change.

2. Defendant B, a user of the Defendant, converted the use of mountainous districts without obtaining permission for change of the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the current status of illegal land;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 54 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act and the selection of fines;

(b) Defendant B: Article 56 and Article 54 subparag. 1 of the Management of Mountainous Districts Act and the main sentence of Article 14(1)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act