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(영문) 창원지방법원 통영지원 2016.11.29 2016고단1542

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, from February 2, 2016 to April 201 of the same year, the Defendant mobilized equipment such as Macro C, D, and E’s forest land to cut standing timber at the same place without obtaining permission equivalent to approximately 4,711 square meters, cut and filled up the land, thereby creating work roads and stairs-based farmland by cutting and piling up the land, and diverting the mountainous district to convert the mountainous district to cover KRW 83,686,200 for restoration expenses, such as constructing a container building on the above-mentioned land.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the statutes on the location map, current status photograph, current status of illegal conversion land, land cadastre, and current status of illegal diversion;

1. Article 54 (1) of the Management of Mountainous Districts Act and subparagraph 1 of Article 54 and Article 14 (1) of the Management of Mountainous Districts Act (Selection of fine: Consideration for favorable circumstances, such as the fact that restoration work has been completed, the first offender, and the fact that the defendant is going against);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.