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(영문) 제주지방법원 2017.04.19 2016고단3028

산지관리법위반등

Text

Defendant

A Imprisonment of 10 months and fines of 10,000,000 won, and Defendant B corporation shall be punished by a fine of 10,000,000 won.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Mountainous Districts Management Act (1) On July 2012, 2012, the Defendant in violation of the Mountainous Districts Management Act is a person who exercises overall control over the business of B corporation, a comprehensive recycling company of wastes in Jeju-si.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine its use, as prescribed by Presidential Decree.

Nevertheless, on July 2012, the Defendant, without obtaining permission from the competent authorities, damaged the forest land of 1,318 square meters in total by removing pine trees that grow in E forest land in Seopo-si adjacent to the business site for the purpose of expanding the site of a place of business and using it, walking miscellaneous trees and miscellaneous grass in a flag, and arranging the ground thereof.

(2) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act on January 2016 shall obtain permission from the competent authority, setting the purpose of use thereof, as prescribed by Presidential Decree.

Nevertheless, on January 2016, the Defendant, without obtaining permission from the competent authorities, damaged the forest land of 740 square meters in total by removing three trees that grow in the F forest in Seopo-si, Seopo-si, with a view to expanding the site of a place of business and using it as a machine saw, flabing the miscellaneous trees and miscellaneous grass with a flabing machine, and arranging the ground thereof.

(b) A waste recycling business operator who violates the Wastes Control Act (1) on the storage of any place other than permitted wastes shall store the wastes in an appropriate place, such as storage facilities within the permitted place of business or temporary storage facilities approved as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, from January 2016 to September 20, 2016, the Defendant stored waste timber of 100 tons collected from B to E at the construction site, etc., which is a neighboring site that was not permitted by B as storage facilities from B corporation.

(2) 30 days where a waste recycling business entity violates the Waste Management Act relating to excess of the storage period stores wastes.