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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단622

산지관리법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A person who intends to temporarily use a mountainous district owned by a defendant A shall obtain permission from the head of a forest office, etc., if he/she intends to change permitted matters

The Defendant: (a) worked as the director in charge of mining in C Co., Ltd.; (b) from May 19, 2009, performed mining of minerals with the permission for temporary use of mountainous districts outside E and outside 20 pieces of land from March 19, 2009; (c) installed access to mining areas in F, which was 694 square meters, G, 2,052 square meters, and 1,952 square meters in H, among F, for which the permission for temporary use of mountainous districts was not obtained in the latter part of the year of 2011; and (d) extracted minerals from 4,600 square meters in 20 square meters in 1

Accordingly, the defendant was temporarily using a mountainous district without obtaining permission for change.

2. Defendant B, a corporation established for the purpose of manufacturing cement products, etc., and Defendant B, an employee of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Details of violation of the Mountainous Districts Management Act, submission of measures following on-site inspections of 49 mining areas, and application of airline regulations;

1. Article 54 subparagraph 2 of the Act on the Management of Mountainous Districts and Article 15-2 subparagraph 1 of the Act on the Management of Mountainous Districts, and Article 15-2 subparagraph 2 of the Act on the Management of Mountainous Districts, and Article 54 and Article 15-2 subparagraph 1 of the Act on the Management of Mountainous Districts and Article 15-2 (1) of the Act on the Management of Mountainous Districts and Article 56 and Article 54 subparagraph 2 of the Management of Mountainous Districts and Article 15-2 (1) of the Mountainous Districts Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;