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(영문) 대구지방법원 서부지원 2016.03.03 2015고단1167
공갈등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 10,000,00 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B As a site manager of F Co., Ltd., a person in charge of the field management of G road works (hereinafter “instant construction works”) between 30 resident-dongs with high-speed national highways No. 30 ordered by the Korea Road Corporation (hereinafter “F Co., Ltd.”). Defendant A is a field worker of H Co., Ltd. who has subcontracted this construction works from F Co., Ltd.

Defendant

B At the Sung-Gun Office around May 25, 2012, in order to remove sand generated from the construction site of this case, B submitted the “written request for review of removal of private land from 15 lots, such as Gyeong-gun, Seongbuk-gun, etc.” but was rejected on June 14, 2012 on the grounds that it conflicts with individual laws, such as the Mountainous District Management Act.

Accordingly, Defendant B brought into the private land without obtaining permission from 19 lots, such as J, etc. of Gyeongdong-gun, Seongbuk-gun, etc. (hereinafter “this case”). On October 2012, Defendant B asked Defendant A, who has a relationship with K reporters, etc. at the main construction site office at the end of the construction site, to resolve the issue of authorization and permission related to private land.”

Defendant

A accepted it, from January 2013 to March 7, 2013, A purchased the instant land with its own cost of KRW 200 million, and entered into a contract for “land use approval and lease” at the office at the construction site around March 13, 2013 and received a fee of KRW 100 million around March 19, 2013.

1. Defendants’ criminal conduct

A. A person who intends to convert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the forest according to the classification of the type, size, etc. of the mountainous district and obtain the use thereof. However, the Defendants conspired with the Defendants on March 13, 2013, which entered into a lease agreement on the instant land, and obtained permission to fill the land from around January 23, 2014, to the extent that the total area of the mountainous district (24,51 square meters) located in the area of the instant construction without obtaining permission from the competent authority.

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