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(영문) 춘천지방법원 2016.10.06 2016고단344

산지관리법위반

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of land development project, etc. with its head office in Switzerland-si D and 1, and Defendant A is the representative director of Defendant B from June 30, 2015 to Defendant B.

Defendant

B, on May 21, 2014, with respect to the implementation of a project for improving agricultural production infrastructure of 69,500 square meters (hereinafter “the instant mountainous district”) among the 139,439 square meters of Gangwon-gun E Forest land (hereinafter “the instant mountainous district”), a corporation was authorized by the head of Seocheon-gun on May 21, 201, but did not deposit KRW 887,382,00 for restoration expenses for the development project, but neglected the instant mountainous district, which is a forest damaged area due to the suspension of the intended project, 69,500 square meters, which is a forest damaged area following the suspension of the intended project. The revocation of the authorization of the said project was obtained from the head of Seocheon-gun

9. On October 30, 2015, the head of Si/Gun issued an order to recover a mountainous district with the content that “the mountainous district of this case shall undergo a completion inspection following the restoration after approval of the restoration plan” until October 30, 2015.

1. On October 30, 2015, Defendant A violated the restoration order due to Defendant A’s failure to implement the restoration procedure, such as submission of a design document, despite having received an order for restoration for the instant mountainous district, the change of the form and quality of which was changed from the head of the YY.

2. Defendant B Co., Ltd. failed to comply with the order of recovery issued by the Y as described in paragraph (1) with respect to the business of Defendant B, the representative of Defendant B Co., Ltd.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness F;

1. Police suspect interrogation protocol of Defendant A (including F’s statement part);

1. Relevant documents, such as a survey report on actual conditions, a location map of authorized land reclamation projects, local photographs and photographs of forest damaged land, land cadastre, authorization for implementation of reclamation projects and cancellation thereof, and orders for restoration of mountainous districts;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 55 subparagraph 10 of the Management of Mountainous Districts Act and Article 44 (1) of the Act on the Punishment of Mountainous Districts and Article 55 (2) of the Act on the Punishment of Mountainous Districts B: Defendant Company who is selected