beta
(영문) 전주지방법원 정읍지원 2013.07.23 2013고단242

산지관리법위반

Text

Defendant

A shall be punished by imprisonment of six months, and a fine of five million won for the defendant limited liability company B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the actual operator of the defendant limited liability company B.

1. In order to create B in Jung-Eup, Defendant A obtained permission to convert the above mountainous district into 19,947 square meters, and obtained permission to extract earth and stones from 15,522 cubic meters as a result of the conversion of a mountainous district.

No person shall convert a mountainous district without obtaining permission for conversion of a mountainous district or gather earth or stone in excess of the permitted quantity without obtaining permission for conversion of a mountainous district.

Nevertheless, the Defendant, from January 2013 to the first police officer of the same year.

2. Until the middle order, a mountainous district, other than the area permitted in the relevant mountainous district, was unlawfully diverted to 3,512 square meters and was additionally collected in 32,400 cubic meters compared to the amount of earth and stone initially permitted.

2. Defendant B is a corporation with the aim of breeding and selling insects.

A, the de facto representative of the defendant, converted the use of the mountainous district without obtaining permission or permission for change in connection with the defendant's business at the above date, time and place, and collected earth and stones more than the permitted quantity.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of illegal mountainous district conversion planning, investigation report (B building report), field survey report, survey report on actual conditions of mountainous district conversion, survey map of illegal conversion of mountainous district and collection of earth and rocks, and earth

1. Article applicable to criminal facts;

(a) Defendant A: Article 53 subparag. 1 and Article 14(1) of the Mountainous Districts Management Act, Article 54 subparag. 4 and Article 25(1) of the Mountainous Districts Management Act, and the selection of imprisonment, respectively;

(b) Defendant B: Articles 56, 53 subparag. 1, and 14(1) of the Management of Mountainous Districts Act, Articles 56, 54 subparag. 4, and 25(1) of the Management of Mountainous Districts Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

1. The suspended sentence (Defendant A) recognizes errors and errors in committing a crime under Article 62(1) of the Criminal Act, and the part illegally converted a mountainous district;