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(영문) 제주지방법원 2015.06.24 2015고정21

Defendants shall be punished by a fine of KRW 2,000,000.


If A does not pay the above fine, it shall be 100.


Punishment of the crime


A is a person who jointly operates Company B.


B is a corporation established for the purpose of real estate consulting business, real estate sales business, etc.

1. A person who intends to convert a mountainous district to a third party shall obtain permission from the competent authority for a specified purpose, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without obtaining permission for mountainous district conversion from around 09:00 on September 12, 2014 to around 11:00 on the same day, used 1,014 square meters (amount of damage 2,878,000 won) of forest land by using cream equipment for the purpose of constructing mushroom spawn in Jeju-si D forest, and doing clearing work according to the boundary line of the said forest divided.

2. As to Defendant B’s above paragraph (1) of the same Article, Defendant A had Defendant A commit an act of violation in relation to his business.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness E;

1. The actual condition survey report;

1. On-site map, on-site photograph, and forest damage zone map;

1. A detailed statement of calculating the amount of damage;

1. Full certificate of the matters to be registered for the corporation, and application of statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 53 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act and the selection of fines;

(b) Defendant B: Article 56 and Article 53 subparag. 1 of the Management of Mountainous Districts Act and the main sentence of Article 14(1)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: Defendant A recognized the facts of crime and reflects the fact, and appears to have damaged forests and fields in the course of conducting a boundary survey to obtain a building permit. After the instant case, the land owner divided the instant land and obtained the building permit, the degree of damage to forests and fields and the size thereof, and the motive and circumstances leading to the instant crime shall be determined as per the disposition.