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(영문) 청주지방법원 2018.06.26 2017고단549
산지관리법위반등
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

[Defendant] 2017 Highest 549 [Defendant]

1. Defendant A was sentenced to a suspended sentence of six months for a violation of the Mountainous Districts Management Act at the Cheongju District Court on May 31, 2016, and the said sentence became final and conclusive on June 8, 2016.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine its use, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

On May 17, 2016, from around May 17, 2016 to around the 19th day of the same month, the Defendant mobilized heavy equipment, cut trees, and performed development activities by cutting and raising trees at least two meters, for the purpose of collecting mathoto from the said forest owner’s G with a view to receiving a request for flat work from the said forest owner’s G. In addition, the Defendant performed development activities.

2. Defendant B

(a) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority specifying its use;

From July 10, 2016 to October 12, 2016, the Defendant mobilized heavy equipment for the purpose of collecting soil and sand from 330 square meters of forest land located in Heung-gu Seoul Metropolitan City, Cheongju to cut down trees, collect soil and sand, and diverted the use of mountainous districts.

(b) Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority;

From July 10, 2016 to October 12, 2016, the Defendant engaged in development activities by mobilization of heavy equipment, cutting and banking of more than 12,702 square meters in total on a 13-scale scale of 13 square meters, such as Cheongju-gu I, J, K, L (formerly owned G), H (O), P (B prior to ownership), R (S ownership), and T, U,V, W, and X (formerly owned Y).

From September 3, 2016 to October 2016, the Defendant: (a) at 1,104m2, the victim’s Z was registered in the name of his/her spouse and owned between around September 3, 2017 to around October 2016, the Defendant used used used heavy equipment, such as digging machines and trucks, for approximately 50m2 of the 25mp truck without permission of the said victim.

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