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(영문) 대구지방법원 경주지원 2014.07.15 2014고단288
산지관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won for the defendant B corporation.

except that this judgment.

Reasons

Punishment of the crime

1. The Defendant, as the site manager of the Company B, was performing the construction of reservoirs for rural water development projects in the area C from April 201 to December 2012, 201, the Defendant converted the form and quality of the mountainous district to convert the mountainous district into a mountainous district of 5,865 square meters out of the total area of 178,269 square meters of three lots, other than D, which is a forest adjacent to the place where permission was granted without obtaining permission for change of mountainous district conversion.

2. Defendant B is a corporation established for the purpose of civil engineering and construction work business.

The above A, who is an employee of the defendant, converted the use of a mountainous district without obtaining permission for change in relation to the defendant's business at the same time and place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Guide map;

1. Details of damage calculation on illegal converted land;

1. On-site photographs;

1. Copies of the business registration certificate and all registered certificates;

1. Application of Acts and subordinate statutes publicly notified of the results of consultation on conversion of a mountainous district development project for rural water in C districts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 54 subparag. 1 of the Management of Mountainous Districts Act, the main sentence of Article 14(1) and the selection of imprisonment;

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

1. Defendant A who suspended execution: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2006);

1. Defendant B corporation: Article 334 (1) of the Criminal Procedure Act;

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