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(영문) 청주지방법원 충주지원 2016.11.18 2016고단513
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a corporation whose main purpose is to construct reinforced concrete, etc., and Defendant A is the representative director of the above company.

1. A person who intends to revise matters to be permitted to convert a mountainous district specified by Presidential Decree shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. thereof

After obtaining permission from the Minister of the Korea Forest Service for the diversion of D with respect to Chungcheongnam-si, the Defendant cut standing timber by using a cirregator and converted the permitted matters by using the cirregator, 238 square meters of forest land E around August 2014; around March 2015; 381 square meters of forest land in the above G; 1,240 square meters of forest land in the above G; 69 square meters of forest land in the above H; 2,558 square meters of forest land in the above H; and 300 square meters of forest in the above H; and 2,558

2. As stated in paragraph (1), A, the representative of Defendant B’s Defendant, changed the permission without obtaining permission from the Minister of the Korea Forest Service, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. The actual condition survey report, aerial photography, location map, actual survey map, cadastral map, and illegal field photograph;

1. Documents regarding the permission of the case site;

1. Application of Acts and subordinate statutes to investigation reports (the filing of all the registered matters of a corporation);

1. Article 54 subparagraph 1 of Article 54 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Selection of Fine): Defendant B, a stock company: Article 56 and Article 54 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) (Selection of Fine) of the Management of Mountainous Districts Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The circumstances that are favorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The Defendant appears to have voluntarily reported the instant crime; the Defendants recognized the mistake and restored the original state to the original state; and Defendant A had the same criminal record or suspended execution.

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