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(영문) 창원지방법원 진주지원 2015.11.25 2015고단439
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment 2015 Highest 439]

1. On July 2014, the Defendant violated the Mountainous Districts Management Act in collusion with C, and converted the use of mountainous districts equivalent to 1,390 square meters, by performing stable construction and mination work without obtaining permission from the competent authority, on the forest located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Mountainous Districts Management Act.

2. On June 1, 2014, the Defendant violated the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents”) and run real estate brokerage business without registering the establishment of a brokerage office by obtaining KRW 15 million from G as a brokerage commission from the seller and the buyer of G to intermediate a sales contract for the above 1653 square meters of D forest land in the Gyeongnam-gun, Busan-gun, Busan-gun, the seller and the buyer of G.

[2015 Height56] From February 2, 2014 to August 2014, the Defendant converted a mountainous district with a total of 10,977 square meters of the total area of the above forest land to a mountainous district, without obtaining permission from the competent authority, by creating a housing site through the cutting-out of a mountainous district, construction of a stone shed, or gradation construction, etc. using a chiller on a part of a forest located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, by using a chiller for the purpose of installing a mushroom farming house.

Summary of Evidence

[Attachment 2015 Highest 439]

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Statement of special police officer to I;

1. The actual condition survey report and the degree of inspection on the damage field;

1. Each photograph (2015 order 566);

1. Statement to the Prosecutor's Office;

1. Statement of special police officer to I;

1. Investigation report (Attachment of documents related to permission for conversion of mountainous district);

1. An application for actual survey report, observation map, consultation on conversion of a mountainous district, and permission for conversion of a mountainous district;

1. Application of each statute on photographs;

1. Article 53 Subparag. 1 of the Act on the Punishment of Mountainous Districts and Article 14(1) of the Management of Mountainous Districts Act, Article 30 of the Criminal Act, the Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014).

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