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(영문) 대구지방법원 경주지원 2015.04.15 2015고정34
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to divert a mountainous district, any person shall obtain permission from the competent authority for conversion of a mountainous district, and in order to lumber standing timber in a forest, he/she shall obtain permission from the competent authority.

The Defendant is a real estate developer.

From March 208 to September 2008, the Defendant, a state forest, opened access roads connected to C, which he/she developed, without obtaining permission to convert a mountainous district from approximately 3,765 square meters of forest land B, Si, Gyeong-si, which is a state forest, and laid down standing timber, such as pine trees, night trees, etc. without obtaining permission to cut standing trees at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. The actual survey report, the location map of forest damaged areas, the satellite photograph of forest damaged areas, the forestry register, the forestry map, the photographer of forest damaged areas, the statement of calculation of forest damage amount, the public notice of the standards for calculating recovery expenses for mountainous districts in 2014 and the standards for additional deposit of recovery expenses, the copy of the driver's license, the photograph of pine trees stored in a state forest, the investigation report (order for Restoration of Illegal Mountainous Districts), the order for restoration of mountainous districts and the notification of the deposit of restoration expenses in a state forest, the copy of the investigation report (order for Restoration of Illegal Mountainous Districts), the copy of the performance guarantee insurance policy, the investigation report, the report on the results of the on-site verification following the completion

1. Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014); Article 53 Subparag. 1 and Article 14(1) of the former Management of Mountainous Districts Act (amended by Act No. 1031, May 31, 2010); and illegality of the conversion of a mountainous district without permission.

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