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(영문) 대구지방법원 2015.06.17 2015고정449
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates a dispute resolution company B.

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, on June 2013, Defendant A engaged in the act of piling earth and sand using one ton truck in the area of 1,650 square meters of forest land in Busan-si, Busan-si, which caused damage to forests worth KRW 24,684,00, thereby converting the use of mountainous districts.

2. Defendant A, an operator of Defendant B, Co., Ltd., Ltd., committed an act of converting the mountainous district without obtaining permission on the business of Defendant B as set forth in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of the special judicial police officer against D;

1. Application of the practical survey report, field photographs statutes;

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

(a) Defendant A: Subparagraph 1 of Article 53 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act and the selection of fines;

(b) Stock company B: Articles 56 and 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1), and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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