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(영문) 대구지방법원 2015.10.30 2015고합227
산림자원의조성및관리에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3,00,00, and by imprisonment of KRW 6 months and fine of KRW 500,000, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of the D literature, and Defendant B is a person who conducts landscaping business in the name of Yongcheon-si E in Yongcheon-si.

1. At around 11:00 on November 24, 2014, Defendants B entered into a sales contract with Defendant A to purchase KRW 3 million for one of the co-owned pine trees from among the victims DNA who are in the back of Yongcheon-si, Yongcheon-si, and Young-si, and paid KRW 3 million to Defendant A on the same day.

However, Defendant A did not obtain consent from the owner of the above pine trees, and Defendant B was well aware of this.

Nevertheless, around December 5, 2014, at the above H around 23:50 on December 5, 2014, Defendant B, as the representative of the Defendant A, carried in the manner of gathering the pine trees owned by the victim and loading them into the cargo by using the insertion and lue lux.

As a result, the Defendants conspired to make up for the occupational embezzlement of the victim's pine trees.

2. Defendant B

(a) A person who intends to fell standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

Nevertheless, at around 23:50 on December 5, 2014, the Defendant extracted one pine tree, which had been in a forest of the D text located above H, as provided in paragraph (1) without obtaining permission from the Youngcheon City Mayor.

(b) A person who intends to move pine trees produced in an area other than an area prohibited from removal of pine trees in violation of the Special Act on Disease Control of pine wilt shall obtain approval seals for confirmation of production or obtain a production confirmation mark from the Minister of the Korea Forest Service or the head of a Si

Nevertheless, at around 00:50 on December 6, 2014, the Defendant transported one parcel of pine trees extracted, such as Paragraph 1, from the Youngcheon Market without obtaining approval seal for confirmation of production or being issued production confirmation marks.

Summary of Evidence

1. Each of the Defendants’ respective courts.

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