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(영문) 대구지방법원 경주지원 2016.10.12 2016고단189
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2014, in order to cultivate crops, such as mountain ginseng, virtue, and sacrylology, the Defendant obtained approval of the forest management plan from the racing city on or around October 2014. On November 18, 2014, the Defendant reported the implementation of the forest management plan to the Mayor of the racing with the purport that “the Defendant will cut standing timber from 83.0417 cubic meters, such as pine trees and sacrine trees, and establish it as a work of 0.57km.” After reporting the implementation of the forest management plan to the Mayor, the Defendant performed construction work using heavy equipment

1. Any person who intends to fell standing timber in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant cut standing timber in excess of the market value of KRW 5,503,290,00 in total exceeding the volume of 121.8739 cubic meters registered at the same time with heavy equipment, such as refrackers, etc., and cut standing timber in excess of the market value of KRW 5,503,290 in excess of the volume of 121.8739 cubic meters on the registration of the said forest management plan, while the Defendant was conducting the said construction from around December 1, 2015 to December 3, 2015.

Accordingly, the defendant cut standing timber without obtaining permission from the competent authorities.

2. Any person who intends to change the form or quality of a mountainous district to use such mountainous district as work shall file a report on the temporary use of such mountainous district with the head of a Si/Gun/Gu for a mountainous district which is not a state forest;

Nevertheless, the Defendant, from around December 4, 2015 to December 8, 2015, was performing the said construction work at the place indicated in paragraph (1) and changed the form and quality of the mountainous district by cutting out standing trees and establishing a work site by using heavy equipment, such as digging machines, etc. on the size of 196 square meters in the area of the relevant place, racing, which is a mountainous district adjacent to the said place, without reporting temporary use to the competent authority.

Accordingly, the defendant was temporarily used without reporting to the competent authorities.

b)a summary of the evidence;

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