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(영문) 광주지방법원 목포지원 2014.12.12 2014고단1417
산지관리법위반등
Text

Defendant

A Imprisonment for one year, and Defendant Incorporated Foundation B shall be punished by a fine of KRW 50 million, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A foundation B (hereinafter referred to as “Defendant B”) is a foundation established for the purpose of creating, maintaining, and managing a park cemetery, and Defendant A is the representative of the said foundation.

1. A person who intends to convert a mountainous district under defendant A shall obtain permission from the competent authority for a specified purpose, and where he/she intends to change matters, such as the size of a corporate cemetery, he/she shall obtain permission from the competent authority;

Nevertheless, from March 2010 to August 2013, the Defendant, without obtaining permission for change of a corporate cemetery or permission for conversion of a mountainous district as indicated in the attached Table of Crimes, arranged a subdivision of 4 lots, such as 7,628 square meters of land, Jeonnam-gun, Jeonnam-gun, a mountainous district, and established a cemetery and expanded the area of the corporate cemetery.

2. Defendant B, the representative of the Defendant, at the time and place specified in paragraph (1), converted the use of mountainous districts without obtaining permission for mountainous district conversion as stated in paragraph (1). The Defendant extended the area of a corporate cemetery without obtaining permission for change of the corporate cemetery.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1.-The practical survey report, - a certified copy of forest map, - a forest ledger, etc. - the degree of calculating the damaged area and the aerial photography by lot number, - On-site photographs and satellite photographs, - the current status of illegal cemeteries, drawings for calculating the damaged area of conversion - the drawings for calculating the damaged area of illegal conversion, - photographs for creating illegal cemeteries and

1. Relevant legal provisions and sentence for criminal facts A: Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, Article 39 subparagraph 1 of the same Article, and Article 14 (3) of the Act on Funeral Services, Etc. (the extension of the area of an unauthorized cemetery), and Defendant B who is selected as imprisonment with prison labor: Each Defendant B who is selected as imprisonment: Article 56 and Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, and Articles 41 (1), 39 subparagraph 1, and 14 (3) of the Act on Funeral Services, Etc. (the extension of the area of an unauthorized cemetery);

1. Defendants among concurrent crimes: the Criminal Act.

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