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(영문) 울산지방법원 2015.11.27 2015고단2713
산지관리법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the agricultural company H (the owner) which creates a site for electric power resource in the 14th answer to Ulsan-gun G G in Ulsan-si, Ulsan-si, and Defendant B is a site manager who manages the site for electric power resource housing and the site for the orchard owned by H (the owner) with the direction of Defendant A, and Defendant C is a representative of I to fill up soil on the above site for electric power resource housing and the site for the orchard promoted by Defendant A.

The Defendants: (a) laid up soil on 14 lots of land, such as Ulsan-gun G, Ulsan-gun G, etc., on which H had sold land owned by the Defendants as a site for electric source to another person; (b) laid up the site for electric source; and (c) laid up soil on approximately 4,400 pieces of farmland, such as Jwon-gun, owned by H; (d) but (e) as the residents of neighboring K village refuse to set up a dump truck to break up soil on the construction site, the Defendants planned to set up an access road for dump truck by cutting down farmland and forests, such as the farmland and forests, connected to the boundary line of Ulsan-gun, Ulsan-gun, and Ulsan-gun, which were located in the site for electric source, despite being unable to obtain permission from the competent authorities; and (e) planned to set up an access road for dump truck by cutting up the landowner’s land and forests.

Accordingly, Defendant A bears all the expenses incurred in the construction of access roads, such as river occupancy and mountainous damage, since the value of farmland increases twice if the site for the electric source is created and the site for the electric source is buried. Defendant B decided to manage and supervise all construction sites, such as banking work on the site for the electric source housing and the site for the orchard and the construction of access roads, under the condition that Defendant A was awarded a contract in whole, with six houses and six houses for the electric source to be constructed by Defendant A and three houses for the electric source to be constructed in P. Defendant C. In order to treat soil generated from another construction site and to acquire transportation expenses, Defendant C is in accordance with the direction of B to utilize the site for the electric source housing and the site for the orchard as its own soil site in the circumstances where the sand is necessary.

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