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(영문) 대구지방법원 안동지원 2015.12.08 2015고단304 (1)
산림자원의조성및관리에관한법률위반등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a landscaper, and the defendant B is a questioner in the D door.

1. A person who intends to fell standing timber, extract or gather forest products within a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office, and a person who intends to temporarily use a forest for the purpose of creating mountain paths, such as work roads, for mountainous districts in a forest which is not a State forest, shall report to the head of the competent Si/Gun/Gu;

Nevertheless, around February 18, 2014, Defendant B entered into a sales contract for ten 10,000 won of pine trees located in Ansan-si Forest in D’s forest owned by the Defendant A and entered into a sales contract for ten 4,000,000 won of pine trees located in D’s forest, and it is necessary for Defendant B to cut trees even at the time of carrying them into by a person with a narrow length as much as he attends a mountain in the door. Accordingly, Defendant B received KRW 3,50,000 as part of the purchase price from Defendant A on the same day.

After that, Defendant B did not permit the extraction or temporary use of a forest by the competent authorities, but around March 2014, Defendant B started extracting pine trees to Defendant A. At that time, Defendant A extracted three parts of pine trees from the forest above and opened a forest work equivalent to approximately approximately KRW 2,947m2, thereby causing forest damage equivalent to approximately KRW 47,275,350, which is the sum of expenses for restoring mountainous districts and the amount of damage to standing trees.

As a result, the Defendants conspired to extract forest products within the forest without permission and temporarily use forest products without reporting.

2. Defendant A, at the end of March 2014, extracted pine trees as indicated in the forest land set forth in the foregoing paragraph (1) as indicated, and during that process, extracted from straws, etc., the sum of 347,000 won of the market value, and cut off them without permission.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. The actual survey report, the location map of damaged areas, the GPS drawings, and the check of damaged areas.

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