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(영문) 대전지방법원 서산지원 2017.11.30 2017고단794

산지관리법위반

Text

[Defendant A]

1. The sentence against the accused shall be 2,000,000 won;

2. The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of overall management of the aggregate extraction site while working as a factory site of B corporation established for the purpose of collecting aggregate for construction purposes. Defendant A obtained permission to collect earth and stones in a so-called so-called so-called so-called “the collection of soil and stones” with the content that he/she would collect a considerable amount of 567,631 meters of rocks for fine aggregate and civil engineering in the area of the 39,725 square meters of Ma-si, Jin-si on May 2, 2013. On May 6, 2013, Defendant A obtained permission to collect earth and stones in a so-called so-called “the collection of soil and stones” with the content that he/she would collect soil and stones for fine aggregate and civil engineering works at the area of the 76,269m square meters of Ma-si on May 6, 2013.

A person who intends to collect earth or stone in a mountainous district in a forest, other than a state forest, shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall also apply to any revision

Nevertheless, on September 2016, the Defendant additionally collected earth and stones from the 8,592 square meters mountainous district of Jin-si in Jin-si in Jin-si, in excess of the height of the collection plan for earth and stones from the mountainous district of a square meter of 8,592 square meters, at the underground level in excess of 54,780 meters.

Accordingly, the defendant collected earth and rocks without obtaining permission from the competent authorities.

2. Defendant B Co., Ltd. (H: The Defendant, who is an employee of the Defendant, committed such a violation in relation to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A self-written statement of the I and a statement of the fact of the J;

1. Report on the diversion of illegal mountainous districts, on-site photographs, and report on cadastral surveys;

1. Survey report on actual conditions, a location map of illegally collected earth and rocks, a survey map on the current status of photographs at the site, and a cross-section map;

1. Each airline margin, earth invoice, and report on the calculation of expenses for restoring a mountainous district;

1. Application of the Forestry Register, certified copy of forestry map, certificate of land use plan, permission for gathering earth and rocks, drawings of permission for gathering earth and rocks, permission for change of gathering earth and rocks, and drawings of change

1. Criminal facts;