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(영문) 대전지방법원 2013.07.26 2013고단1633

산지관리법위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A as the representative director of the company B, and Defendant A is the aggregate extraction business entity, and D was granted permission for extraction from the head of Geumsan-Gun to December 31, 2015 for aggregate 3,326,212 cubic meters of 171,200 square meters of YY-gun and 171,200 square meters of Y-gun and 171,200 square meters of Y-gun from March 3, 201.

After entering into a contract with D and D, the Defendant collected earth and rocks from January 1, 2009, after entering into a contract with D and D to collect earth and rocks and produce aggregate in the above D and D quarrying.

Where any person intends to collect earth or stone in mountainous districts of a forest which is not a state forest with permission from the competent authority and alter permitted matters, he/she shall obtain permission for change from the competent authority.

Nevertheless, the Defendant did not obtain permission to change the competent authority from January 201 to November 2012, 2012, removed 3,300 square meters of surrounding forest land that was not permitted adjacent to the instant stone collection plant from 3,300 square meters, and illegally collected 5,780 cubic meters of earth and stones by moving stone to a dump truck following the top order.

2. Defendant B, a corporation established for the purpose of aggregate extraction business, etc., and A, the representative director of the Defendant, committed the same offense as the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of Defendant A by the prosecution;

1. Each police statement of F and G (including H statements);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Defendant A of Article 54 of the relevant Act on Criminal facts: Selection of a fine for each of the options of punishment under Article 56 and Article 54 subparagraph 4 of the Management of Mountainous Districts Act and the main sentence of Article 25 (1) (see, e.g., Supreme Court Decisions 54 subparag. 4, 25 (1));

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act: