beta
(영문) 대전지방법원 2021.01.29 2020고단1660

산지관리법위반

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10 million won, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. The above defendant A is the representative director of the defendant B, who conducts the business of collecting earth and stones in Sejong C, and operates the above company.

On August 21, 2009, the company obtained permission to collect earth and stones from August 21, 2009 to December 31, 2018, with respect to 65,615 square meters (5,070 square meters in a buffer area for gathering earth and stones) of Sejong and three other parcels of land (5,545 square meters in a size of 52,545 square meters in a buffer area, 13,070 square meters), but the permission to collect earth and stones was terminated on or around December 31, 2018 without permission to extend the period of permission to collect earth and stones, and the permission to use earth and stones was terminated on or around December 20, 2016, and around December 20, 2016, the right to use earth and stones was not revoked on or around 2016.21, 2016.

Nevertheless, from January 2019 to June 2019, the above Defendant collected soil and stones equivalent to 377,514 cubic meters in total from around 11,970 square meters, such as Sejong C ( quasi-contained mountainous districts) and E ( quasi-contained mountainous districts) for which the period of permission to collect earth and stones expires, and F (contained mountainous districts) for which permission to collect earth and stones was revoked.

As a result, the above defendant collected earth and rocks without permission for change even though the period of permission has expired on the land for which permission for gathering earth and rocks was obtained, and collected earth and rocks from the land without permission for gathering earth and rocks.

2. Defendant B, a representative, committed an offense against Defendant B’s business by the same method as the Defendant B’s business at the time indicated in paragraph (1) above at the time indicated in paragraph (1) above.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of each police officer's suspect A to the witness G, H, and I's respective legal statements;

1. Six copies of a complaint, accusation, or official document for the suspension of gathering earth and stones, and the transfer of land before illegal mountainous districts, from a project implementer violating the Management of Mountainous Districts;