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(영문) 수원지방법원 2017.04.13 2016고단7411
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of five thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of civil engineering and construction work, etc., and the construction work of a new housing complex was performed in the wife E population E, and the defendant A is the representative of the above corporation as the internal director of the corporation B.

1. A person who intends to divert a mountainous district of Defendant A shall obtain permission to divert a mountainous district from the head of the forest administration by determining the purpose thereof, and a person who intends to engage in development activities shall obtain permission from the Mayor;

Nevertheless, the Defendant, without obtaining permission from the head of the Korea Forest Service or obtaining permission from the Mayor, performed the construction of a new housing complex for electric source from the end of July 2014 to the end of July 2016, at the GGE located in the GGE located in GGE located in GGE located in GG, and cut the FF forest of at least 810 square meters, which is its neighboring land, into the form and quality by cutting a total of at least 9,280 square meters of forest land located in the neighboring land of the said construction project, as described in the attached list of crimes in the attached Table, and performed development activities simultaneously without obtaining permission.

2. Defendant B, the representative of Defendant B, performed development activities simultaneously with converting the Defendant into an unauthorized mountainous district at the time and place described in the preceding paragraph, such as the date and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of G and H;

1. On-site photographs, the head of a damaged area, measurement map, and old map;

1. A certified copy of the corporate registry;

1. Reporting on investigation (Submission of documents as to completion of restoration of a suspect's forest damage);

1. Application of each statute on a written accusation;

1. Defendant A: Article 53 subparag. 1 of the Mountainous Districts Management Act, the main sentence of Article 14(1) (unauthorized mountainous districts) of the same Act, Article 140 subparag. 1 of the National Land Planning and Utilization Act, and Article 56(1)2 (unauthorized development acts) of the same Act: Defendant B: Articles 56, 53 subparag. 1, and 14(1) main sentence (unauthorized mountainous districts) of the Mountainous Districts Management Act, Articles 143, 140 subparag. 1, and 56(1)2 of the National Land Planning and Utilization Act (unauthorized mountainous districts)

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