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(영문) 대전지방법원 천안지원 2016.01.07 2014고단1854 (1)
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to extract earth or stone in a mountainous district with a low forest scale shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, and a person who intends to fell standing timber in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of

The Defendant, an employee of the Defendant, performed a construction work to create a factory site in the south-dong forest in Nam-gu, Nam-gu, Nam-gu, Seoul with respect to the Defendant’s business from July 2013 to July 15, 2014, and performed a conversion of mountainous district without obtaining permission for mountainous district conversion, such as cutting the ground height lower than that permitted by using equipment, such as digging machines, etc. in the above forest 5,100 square meters, and performed a violation of collecting soil and rocks 69,960 square meters without obtaining permission for gathering earth and rocks in the process.

Summary of Evidence

1. Legal statement of the E (the representative of the A Stock Company);

1. A protocol concerning suspect interrogation of the defendant C by the prosecution;

1. Application of Acts and subordinate statutes governing a survey report on actual condition, a contract for construction of earth and sand, a detailed statement, a removal of stone to the original place, the current status of the use of equipment, and family relation certificate;

1. Article 56 of the relevant Act on criminal facts and Articles 53 of the Management of the Mountainous Districts of which punishment is selected. Article 56 and 53 (Selection of Penalty)

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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