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(영문) 대전지방법원 천안지원 2014.04.04 2013고단1852
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the vice president of Defendant B, and Defendant B is operating a driving range in Asan City D.

1. Defendant A

A. On July 2013, the Defendant cut the area of a total of 2,276 square meters in mountainous districts located in Asan-si E and F, and converted mountainous districts by cutting the area of a total of 2,276 square meters without obtaining permission from the competent administrative authority and cutting it into mountainous districts in a way that they spread golfs.

B. On October 2013, 2013, the Defendant cut and packaged the area of 23 square meters in G mountainous districts G in Masan-si, Masan-si, without obtaining permission from the competent authorities, and converted the use of mountainous districts by installing access roads to which customers are allowed to move, and by installing access roads to which customers are allowed to move.

2. Defendant B, an employee of the Defendant Company, without obtaining permission for conversion of a mountainous district at the time and place specified in paragraph (1) with respect to the Defendant’s business, converted the mountainous district of a total of 2,299 square meters into two times as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. H’s petition;

1. The actual condition survey report;

1. Land cadastre;

1. Application of field photographs and aerial photography statutes;

1. Article 53 subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Selection of Fine): Defendant B stock company: each of Articles 56 and 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) (Selection of Fine);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act (a heavier penalty than the penalty prescribed for a violation of the Management of Mountainous Districts Act due to a conversion of a mountainous district around July 2013);

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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