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(영문) 춘천지방법원 강릉지원 2016.10.20 2016고합45
산림자원의조성및관리에관한법률위반등
Text

Defendant

A shall be punished by imprisonment of one year and a fine of two million won, by imprisonment of six months and a fine of one million won.

Reasons

Punishment of the crime

1. The Defendants’ co-principaled the establishment of a clan cemetery with permission for the conversion of a size of 90 square meters in the size of 990 square meters in the Gangseoyang-gun, which is owned by the E-Class Association, and were gathered to extract and sell standing timber outside the said area and divide the profits therefrom. A.

A person who intends to convert a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the Administrator of the Korea Forest Service, for a specified purpose, and shall also amend permitted matters.

On May 2014, the Defendants conspired to convert 20 parts of trees into a manner of cutting off trees and hedging forests, without obtaining permission for alteration of a mountainous district from the size of 871 square meters and 546 square meters in G, which is the total area of Yyangyang-gun, Gangwon-do, and the size of 546 square meters in G.

B. Defendants in violation of the Creation and Management of Forest Resources Act conspired to do so.

At the time and place of entry, 18 parts of pine trees owned by the victim E-friendly association, and 2 parts of pine trees owned by the victim in the Republic of Korea were extracted as above, and 15 tons of pine trees were used in order to transport 20 parts of pine trees owned by the victim to a tree located in Gangnam-si H.

(c) A person who intends to move pine trees produced in an area other than an area prohibited from removal of pine trees in violation of the Special Act on Disease Control of pine wilt shall obtain approval seals for confirmation of production or obtain a production confirmation mark from the Minister of the Korea Forest Service or the head of a Si

Nevertheless, the Defendants conspired to commit the above crimes.

At the time, place, etc. of entry in the port, the Minister of the Korea Forest Service, etc. extracted 20 pine trees as above without obtaining approval seal for confirming production, and moved them to the head of the family in Gangnam-si H.

2. The sole criminal conduct of Defendant A;

(a) A person who intends to cut standing timber, extract and gather forest products within a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the mayor, etc., but the defendant shall obtain permission from the mayor, etc.

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