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(영문) 대구지방법원 서부지원 2016.06.10 2016고단304

문화재보호법위반등

Text

Defendant

A shall be punished by a fine of KRW 20,000,00,00,00,00 for eight months in prison.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A as the head of the E University’s secretariat facility team in the educational foundation E, the educational foundation B is a person who is in charge of various kinds of applications for authorization and permission, construction management and supervision, etc. related to the construction of G golf courses in the size of 468,00 square meters in G golf courses implemented by the educational foundation B, and Defendant B obtained authorization from the elderly Gun Office on September 25, 2014.

1. Defendant A

(a) A person who intends to engage in an act that alters the form and quality of land or forest that may affect the preservation of State-designated cultural heritage shall obtain permission from the Administrator of the Cultural Heritage Administration;

Nevertheless, the Defendant did not obtain permission from the Administrator of the Cultural Heritage Administration while carrying out the said “G golf course” construction. From July 2015 to early September 2015, the Defendant used a power saw in a zone equivalent to 9,700 square meters near Gyeongbuk-do, which is a historic and cultural environment preservation area of “H”, a cultural and cultural environment preservation area of “H”, which is a cultural and cultural environment preservation area of “H”, the State’s culture, and 3,100 square meters near J, K, 320 square meters near K, 950 square meters near L, and 14,070 square meters near L, and set up a stop using a power saw.

2) A person who intends to change the form and quality of land or forest that may affect the preservation of the Do-designated cultural heritage must obtain a permit from the Do-Do Governor.

Nevertheless, the Defendant did not obtain permission from the Do Governor while carrying out the said “G golf course” construction. From July 2015 to early September 2015, the Defendant used a power saw in a zone equivalent to 13,000 square meters near Gyeongbuk-do, which is a historic and cultural environment preservation area of “M”, which is a historic and cultural environment preservation area of “M”, and 13,570 square meters near Gyeongbuk-do, which is a historic and cultural environment preservation area of “M”, and opened a boom by using a power saw.

B. On February 2012, the Defendant violated the Act on the Protection and Investigation of Cultural Heritage of Burial (hereinafter referred to as the “instant golf course”) with respect to the promotion of the said golf course construction project, the Defendant obtained prior permission for the alteration of the phenomenon from the Cultural Heritage Administration, since the cultural heritage located near the golf course project site, and then is located in the area of 12,000 square meters among the project site.