Text
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.
Defendant
A above.
Reasons
Punishment of the crime
1. A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service to set its use, and a person who intends to change the form and quality of land shall obtain permission from the Mayor;
From September 2012 to October 201, the Defendant cut and changed the form and quality of food factories to construct food factories without permission for conversion and development activities with respect to the size of 2,962 square meters, which is part of the area D forest with the wife population from September 2012 to October.
2. Defendant B, a corporation established for the purpose of picking aggregate, etc., and the above A, a substantial operator of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.
Summary of Evidence
1. Application of Acts and subordinate statutes to witnesses E, F’s respective legal statements, written accusations, written accusations, written accusations, restoration plans, site photographs, full certificates of registered matters, land (forest), land-use planning records, written confirmations, survey maps of each status, register of corporate register, photographs, investigation reports (including investigation records and attachment of written judgments toG);
1. Article applicable to criminal facts;
(a) Defendant A: Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14(1) of the same Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56(1) of the same Act (a) of the same Act;
(b) Defendant B: Articles 56, 53 subparag. 1, and 14(1) of the Management of Mountainous Districts Act, and Articles 143, 140 subparag. 1, and 56(1) of the National Land Planning and Utilization Act;
1. Commercial concurrent defendants: Selection of each fine for negligence under Articles 40 and 50 of the Criminal Act
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act