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(영문) 대구지방법원 2017.04.13 2016고단4335

산지관리법위반등

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Defendants shall be punished by imprisonment with prison labor of one year and six months and by a fine of ten thousand won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who operates a business of developing real estate as the representative director of D, and Defendant B is a person who operates a teahouse with the trade name of “F” in Cheongdo Island E.

The Defendants thought to create a private arboretum on the land of the Cheongdo Cheongdo-gun G G, and shared the role of Defendant A to purchase the land, to raise funds necessary for the creation of an arboretum, and to implement all necessary practical affairs for the creation of an arboretum.

Accordingly, the Defendants purchased the above H-Japanese land in the name of Defendant A and the company run by Defendant A. However, in order to implement construction works necessary for the creation of an arboretum on the pertinent land, the Defendants solicited the construction work without obtaining relevant authorizations on the ground that the project for the creation of an arboretum is officially implemented, the neighboring land value increases and concerns that it would be disadvantageous to the Defendants in the future to purchase additional land.

Accordingly, from May 11, 2009 to November 3, 2013, the Defendants actually continued construction for the purpose of creating an arboretum with the approval and alteration of forest management for the purpose of increasing the income of the forest from the Cheongdo-gun as to the above G and five parcels.

1. A person who intends to occupy or use agricultural production infrastructure in violation of the law of the settlement of agricultural and fishing villages shall obtain permission from the competent authority;

(1) On June 2014, the Defendants extended 3 meters in width and 100 meters in length to the lower stream of “N”, which is an agricultural production infrastructure of five parcels, such as Cheongdo-gun, Cheongdo-do, J, K, L, M, etc., by using Poke strings, etc.

(2) The Defendants, as mentioned in the preceding paragraph, filled up on the upper stream of “N” which is an agricultural infrastructure of four parcels, such as O, P, Q, L, etc., in a pipe structure with a diameter of 40 meters in length, 7 meters in width, and 5.5 meters in height, in a pipe structure with a pipe structure of 280 square meters in size (84 square meters).