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(영문) 대전지방법원 홍성지원 2015.11.13 2015고정221
산지관리법위반
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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

A is a person in charge of the management of the construction site as the site director of the solar power plant site development project implemented by B, and B is a company established to carry out the installation business of solar power plants.

1. Where a person who has obtained permission to divert a mountainous district intends to modify permitted matters, he/she shall obtain permission from the Minister of the Korea Forest Service;

Nevertheless, from January 3, 2015 to the 16th day of the same month, the Defendant damaged the area equivalent to 4,664 square meters of neighboring forests and fields without obtaining permission for change from the head of Seocheon-gun, Seocheon-gun, Seocheon-gun, D, and E, while obtaining permission for change of the mountainous district from the head of Seocheon-gun, Seocheon-gun, Seocheon-gun, and building of access roads

Accordingly, the Defendant diverted mountainous districts without permission from the competent authorities.

2. Defendant B Co., Ltd. committed the above illegal act in relation to Defendant A’s business at the date, time, and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of certificate of employment;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 1 of Article 54 and Article 14 (1) of the Management of Mountainous Districts Act;

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

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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