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(영문) 춘천지방법원 속초지원 2015.12.24 2015고합19
특정범죄가중처벌등에관한법률위반(산림)등
Text

Defendant

A Imprisonment of one year and six months, each of Defendant B and C, and Defendant D and E, respectively, shall be punished by a fine of KRW 2,00,000.

Reasons

Punishment of the crime

[criminal power] On February 4, 2015, Defendant C was sentenced to two years of suspension of execution for one year of imprisonment with labor due to the violation of the Special Act on the Prevention of Filty Wils, and the crime of a forged official exercise at the Gangseo branch of the Chuncheon District Court, and the said judgment became final and conclusive on May 22, 2015.

【Criminal Facts】

1. On December 2014, Defendant A, while constructing a toilet in a forest owned by the Victim J (hereinafter “victim”) located in Gangseo-gun I (hereinafter “the instant forest”) located in Gangnam-gun I, Defendant A was willing to discover pine trees owned by the victim and excavate them without permission from the surrounding areas, and sell them to landscaping business operators.

On December 28, 2014, the Defendant extracted and stolen five (R15-20) pine trees (R15-20) equivalent to the market value of 250,000 won, which is the victim’s ownership from the forest of this case, from the forest of this case.

Accordingly, the Defendant stolen pine trees, which are produce from forest as above.

2. Defendant A, D, and E’s joint crime is a person engaged in the business of extracting and selling pine trees, and Defendant D is a person who sets up a friendly farmer in the forest of this case, and Defendant E is a person who works as the secretary of the J.

Any person who intends to convert a mountainous district shall designate its use and obtain permission therefor from the Minister of the Korea Forest Service.

Nevertheless, at the end of March 2015, the Defendants damaged the above forest by cutting trees in the instant forest by using sckes, etc., cutting trees, cutting the waterway, piling up stone, etc. in order to create a waterway leading to a dry field in the instant forest without obtaining permission for mountainous district conversion.

As a result, the Defendants conspired to damage mountainous districts without obtaining permission for mountainous district conversion and diverted mountainous districts.

3. The Defendant A, B, and C’s joint crime is owned by the victim who was brought up around the forest of this case while preparing a work to create a waterway in the forest of this case as described in the foregoing paragraph (2) around March 2015 and responding to the site.

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