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(영문) 의정부지방법원 2013.03.27 2012고정2988

산림보호법위반등

Text

Defendants shall be punished by fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant, as the president of Defendant B Co., Ltd., used access roads to construct equipment converted into the digital territory of FKBS base station without obtaining permission from Macheon City C, D, and E from May 14, 2012 to May 18, 2012, and changed the form and quality of 1,832 square meters of forest conservation zone (1,832 square meters of forest conservation zone, e.g., e., e., 232 square meters of forest conservation zone (1,832 square meters of forest conservation zone, e.g., e., e., e.,

B. A person who intends to convert a mountainous district and obtain permission from the Minister of the Korea Forest Service to convert a mountainous district without obtaining permission for the conversion of a mountainous district with respect to the size of 1,832 square meters of Macheon-si C forest conservation zone, 1,832 square meters of the same Ri, E, and 232 square meters of forest land from May 14, 2012 to May 18, 2012.

2. Defendant B corporation

A. Defendant B, at the same date, changed the form and quality of the land without obtaining permission as set forth in paragraph 1(a) from Defendant A, the president at the same time and place; and

B. At the same date, Defendant A, the president, converted a mountainous district without obtaining permission for mountainous district conversion as set forth in paragraph 1(b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Written opinion;

1. A photograph of the damaged site;

1. The application of the Acts and subordinate statutes governing illegal mountainous district conversion photographs, illegal mountainous district conversion, and illegal mountainous district conversion district drawings;

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

(a) Defendant A: Article 54(2)1 and Article 9(2)1 of the Forest Protection Act (the alteration of the form and quality of land) and Article 53 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act (the occupation of a mountainous district without permission) and the selection of fines, respectively;

B. Defendant B Co., Ltd.: Articles 56, 54(2)1, and 9(2)1 of the Forest Protection Act (the point of changing the form and quality of land without permission), Articles 56, 53 subparag. 1, and 14(1) of the Mountainous Districts Management Act (the point of unauthorized conversion of mountainous districts), and each fine is selected.