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(영문) 서울남부지방법원 2016.11.28 2016고정752

산지관리법위반등

Text

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

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

Reasons

Punishment of the crime

On October 29, 2015, the defendant was sentenced to three years in Seoul High Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court, and the above judgment was finalized on January 28, 2016.

1. Where any person intends to engage in development activities in a violation of the National Land Planning and Utilization Act and a conservation and management area for Mountainous Districts Act, he/she shall obtain permission for development activities from the competent authority, and in particular, obtain permission for mountainous district conversion from

Nevertheless, from October 24, 2013 to November 2, 2011 of the same year, the Defendant: (a) around 234 square meters of 2,471 square meters of Gun, Gun, Si, Gun, Gun, and Si, Gun, Gun, Gun, and Gun, owned by the Defendant, installed three containers for use, such as offices; (b) 10 square meters of pine trees planted in the relevant area without obtaining permission from the Gun, the competent administrative agency; (c) cut down approximately 20 square meters of pine trees planted in the relevant area; and (d) cut down 10 square meters of Gun, Gun, Gun, and Gun, Gun

As a result, the Defendant conducted development activities in the conservation management area without obtaining permission, and converted quasi-Preservation Mountainous Districts.

2. The Defendant damaged the property by cutting about 10 g, and approximately 20 g, in the market price owned by the victim D, using the same method as described in the above paragraph (1) at the time and place, and destroying the property owned by the victim by digging out approximately 10 g, and 20 g, in the market price, and by digging out the soil from the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness G and H;

1. Legal statement of witness D;

1. Statement of the police officer to I;

1. Written confirmation of J;

1. A report on results, a location map of the place where a civil petition occurred, a photographic site, and a GPS survey map of forest damaged areas;

1. A forest for which construction or repair of temporary buildings is known;

1. Registers of cadastral survey results;

1. Written estimate;

1. A contract for gathering earth and stone;

1. Full certificate of the registered matters;

1. Investigation report (Attachment of photographic materials verifying the distance between K and F);

1. The investigation report F.