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(영문) 대전지방법원 천안지원 2018.05.25 2018고단162
산지관리법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of ten million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative of Defendant B as the internal director of Defendant B Co., Ltd. located in Asan City.

1. A person who intends to divert a mountainous district of defendant A shall obtain permission from the Administrator of the Forest Administration, etc. for a specified purpose;

From March 2016 to November 201 of the same year, the Defendant, without obtaining permission from the competent authority, performed the construction of a site for housing to be used as a lodging house for employees of Defendant B in ASEAN-si and from around 7,690 square meters, approximately 2,482 square meters among the instant land located in the preserved mountainous district, and approximately 630 square meters among the preserved mountainous districts and approximately 38 square meters among the forest land located in the preserved mountainous district, and approximately 10,840 square meters in total among the forest land located in the preserved mountainous district, and approximately 53,19,000 square meters in trees and 10,840 square meters in total, among the forest land located in the preserved mountainous district and the forest land located in the preserved mountainous district, converted the use of the mountainous district to the mountainous district by destroying the said forest land so that the restoration expenses in an amount of KRW 53,19,00

2. Defendant B, the representative of Defendant B Co., Ltd., was converted to the preserved mountainous district and quasi-preserved mountainous district without obtaining permission from March 2016 to November 201 of the same year, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A survey report on actual conditions;

1. Forest survey and analysis on slope of elevations;

1. Calculation of damage prices and expenses for restoring mountainous districts;

1. Issuance of a certificate of construction report (new construction);

1. A full certificate of matters registered;

1. The land ledger, certificate of land use plan, and forestry map;

1. License drawings;

1. The instant ground GPS survey drawings;

1. Location map of damaged area and on-site photographs;

1. Relevant maps and photographs;

1. Application of Acts and subordinate statutes by history (from 2015 to 2017)

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 1 of Article 53 of the Management of each Mountainous District Act, the main sentence of Article 14(1) (a) of the Management of each Mountainous District Act (a) and Article 53 Subparag. 1 and the main sentence of Article 14(1) of the Management of each Mountainous District Act (a) (a person who diverts a mountainous district without permission for a quasi-managed mountainous district);

B. Defendant B: Articles 56, 53 subparag. 1, and the main sentence of Article 14 subparag. 1 of the Management of each Mountainous District Act (a preserved mountainous district).

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