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(영문) 춘천지방법원 속초지원 2015.01.21 2014고단430

산지관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall designate its use and obtain permission from the Minister of the Korea Forest Service, etc., and shall not convert a mountainous district upon obtaining permission therefor by fraudulent or other illegal means.

The Defendant, in collusion with C, did not intend or have the ability to conduct solar power generation projects, had obtained permission for mountainous district conversion and extracted and sold pine trees.

Therefore, around July 15, 201, the Defendant entered into a sales contract for pine trees located on the ground of Gangwon-gun D (hereinafter referred to as “the instant mountainous district”), which is owned by C, with C, around December 12, 201, and obtained permission for solar power generation projects in the name of Gangwon-do on or around April 19, 201, and obtained permission for the conversion of mountainous district for “the construction of solar power plants” in the name of Gosung-gun for “the construction of solar power plants” from Gosung-gun. On April 27, 2012, the Defendant only sold approximately KRW 98,000,000,000, which were born in the said forest and field, to F, who is operating the E-do around April 27, 2012, and did not carry out any construction works related to solar power generation for the purpose of permission until December 31, 2013.

As a result, the Defendant conspired with C to convert a mountainous district by obtaining permission by false or other unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including C and G substitute part);

1. Each prosecutor's protocol of statement against H, C, I, and J;

1. A contract for the sale of trees and a written public notice stating the completion inspection for restoration works;

1. Application of Acts and subordinate statutes to each investigation report and investigation report (including each accompanying document);

1. Article 53 subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 30 of the Criminal Act, the selection of imprisonment (defensing the damaged area and the acquisition of profits) and the imposition of fines concurrently

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.