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(영문) 대전지방법원 서산지원 2017.08.11 2017고단396
산지관리법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in construction business, and B and four other persons are those who perform construction work upon request from the above B, etc. for civil engineering work with respect to C forest land for which the permission to convert the mountainous district of the Jinjin City was granted on June 11, 2015 for the purpose of building a new house and entering into a new house.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she intends

Nevertheless, on August 2016, the Defendant, without obtaining permission to change the use of mountainous districts in the Jinin-si market, and changed the form and quality of mountainous districts by stabilizing the ground by using excavation devices, etc. in D forest (a square of area approximately 1,606m) and E forest (a square of area of about 124m) which is a mountainous district adjacent to the above forest, other than the permission that is adjacent to the above forest.

As a result, the Defendant converted the use of mountainous districts to mountainous districts in areas other than permitted areas without obtaining permission for change of mountainous districts in the existing market.

Summary of Evidence

1. Statement by the defendant in court;

1. F's self-written statement;

1. Application of the statutes on standard contracts for construction works, such as an application for permission to change the use of a mountainous district, etc., including a site photograph, actual ground plan, actual survey report, land register, forest register, certificate of land use plan, etc., and a written application for

1. Relevant legal provisions concerning criminal facts and Articles 54 subparag. 1 and 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14357, Dec. 2, 2016); the selection of fines (i.e., restoration from the original state; the same type of criminal records or fines; the same type of criminal records or fines have no history of punishment exceeding the fine; and reflects the same, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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