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(영문) 제주지방법원 2015.07.09 2014고단734

산지관리법위반

Text

Defendant

A Imprisonment for eight months, for six months, for six months, and for eight months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

1. Around October 2009, Defendant A’s sole criminal conduct used the forest as a de facto manager of the forest located in G and H in Jeju City without obtaining permission from the competent authority. Defendant A used used heavy equipment, such as sckes, to organize ground equivalent to 1,095 square meters of the above forest area, and converted the use of the forest by changing the form and quality of the forest.

2. On September 2012, Defendant A and B used the forest as a dump truck article to lease part of the said forest to Defendant B, who is a dump truck article, and used it as a dump site. In collusion with Defendant B by using heavy equipment without obtaining permission from the competent authority, the forest was additionally damaged, its form and quality was changed so that Defendant B can open up the ground, such as filling, etc. on a lower ground size of 115 square meters in size, such as a dump zone outside the north of the above dump site, which is located outside the above dump truck article.

3. From January 3, 2013 to January 31, 2013, the Defendants leased part of the said forest land to Defendant C who operates the construction business through the introduction of Defendant B. On the other hand, Defendant B, holding office in the previous leased part to Defendant C and made it possible to use it as a outdoor site. Defendant B, in collusion with Defendant C without obtaining permission from the competent authority, used a heavy equipment in order to adjust the ground equivalent to 2,039 square meters of the said forest land area, and converted the use of mountainous district by changing the form and quality thereof.

Summary of Evidence

1. Defendant A’s legal statement

1. Entry of a witness A's legal statement in the third protocol of trial;

1. Each legal statement of the witness C and I;

1. Part of the protocol concerning the interrogation of suspects B and C by the prosecution.