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(영문) 전주지방법원 남원지원 2014.01.14 2013고단255

산지관리법위반등

Text

Defendant

A and B Imprisonment for six months, and the defendant limited liability company C shall be punished by a fine of 5,00,000 won, respectively.

provided, however, that the defendant A, a.

Reasons

Punishment of the crime

Defendant

A limited liability company C is a corporation that operates aggregate extraction business in Jeonbuk-gun E, and Defendant A is the representative of the above company, and Defendant B is the head of the site of the above company.

From November 2012, the Defendants obtained permission to collect aggregate from the first two lots of land, F, and 12 lots of land from the Jeon Chang-gun, Jeonbuk-gun.

1. Defendant A and Defendant B

A. The Defendants conspired to extract aggregate on the 12 lots, other than the Naman-gun F of the Jeonbuk-gun, from around November 2012 to around January 2013, 2013, and instead, did not obtain permission from the competent authorities to convert the use of mountainous districts by laying earth and sand on the 1,828 square meters of forest land, such as Jeonbuk-gun G, H and I, and 1,828 square meters in height of 7,432.1 square meters.

B. From November 2012 to January 201, 2013, the Defendants conspired to convert farmland into farmland without obtaining permission from the competent authority for the diversion of farmland for the same reason as the foregoing paragraph (a) and 4,914 square meters in paddy field, such as J, K, L, M, N,O, etc. of the Jeonbuk-gun-gun, Jeonbuk-gun, and 18,005.5 square meters in height of 2 to 11 meters.

C. From November 2012 to January 201, 2013, the Defendants conspired to obtain permission for development from the competent authority on the same ground as the foregoing paragraph (a) and changed the form and quality of land by filling up the height of 1.4 to 10.8 meters in height of 1.4 to 10.8 meters in order to maintain the 171.4 square meters in the Jeonbuk-gun P and Q, etc., a conservation management area.

2. The Defendant C limited liability company: (a) Defendant A, the representative of the Defendant, and Defendant B, the Defendant’s employees, did not obtain permission from the competent authority as prescribed in paragraph (1) with respect to the Defendant’s business; (b) filled up earth and sand on each land specified in paragraph (1) to divert mountainous districts and farmland; and (c) committed a violation by changing the form and quality of land

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. The prosecutor's statement concerning R;

1. Land subject to investigation report by lot;