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(영문) 부산지방법원 2015.12.24 2015고단6048

산지관리법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A (Legal Name H) is the son State who is the Impir, and Defendant B is the J JW.

Defendant

A and Defendant B conspired with each other to cut down illegal forests and pack concrete roads without permission of the competent authorities by using money received from new cities under the pretext of ensuring the convenience of transportation of Jindo and protecting local cultural properties located therein.

1. Joint criminal conduct by Defendant A and Defendant B

(a) Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and area prescribed by Presidential Decree

Nevertheless, from the end of May 2014 to the end of September 2014, the Defendants conspired to create a fire road at the entrance of the L village owned by K in the Geum-gu in Busan City from the end of May 2014 to the J mountain, Defendant A issued an overall work order. Defendant B used equipment, such as a dump truck, and developed a total area of 225 square meters, including a size of 1,575 square meters, and a total area of 36 square meters, such as a size of a mountainous district, and a total area of 1,206 square meters for dump trees, flap trees, pine trees, etc. (a volume of trees 191.73 cubic meters, a volume of damage, a volume of 1,107 square meters, and a volume of 3,874 square meters, which are 3,874 square meters in length, in order to use it as a parking lot at the entrance of the J.

(b) To construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store goods in a development restriction zone in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, permission from the competent authority shall be obtained.

Nevertheless, the Defendants conspired with each other at the entrance of L Village from May 2014 to December 2014.