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(영문) 수원지방법원 성남지원 2016.10.13 2016고단1808
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 10 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of producing and selling aggregate for construction, and Defendant A is an executive director of the said corporation, and is in charge of authorization, permission and field management of the said company.

1. Defendant A

(a) No one shall convert a mountainous district without permission for the conversion of a mountainous district by the Minister of the Korea Forest Service, etc., and no one shall collect earth or stone in mountainous districts of a forest, other than state forests, without permission for the extraction of earth or stone from the competent administrative agencies

Nevertheless, the Defendant performed civil engineering works for the creation of a site for a golf range in Gyeonggi-si E forest in Gyeonggi-si from the early November 201 to October 2012, and used mountainous districts equivalent to 2,815 square meters, which are the areas not permitted by neighboring F, for the said civil engineering works, and collected approximately KRW 7,548 cubic meters without permission to collect earth and stones.

As a result, the defendant conducted conversion without permission for conversion of mountainous district and collected earth and rocks without permission for collection of earth and rocks.

(b) No person shall temporarily use a mountainous district without permission therefor from the Minister of the Korea Forest Service;

Nevertheless, around January 2014, the Defendant used mountainous districts equivalent to 6,823 square meters, which are adjacent G, H and Si-I's unauthorized areas, for the restoration of the said mountainous districts, while performing the restoration work for the restoration of the said forests and fields in the Gyeonggi-si, Gwangju-si.

Accordingly, the defendant temporarily used the land without permission for temporary use.

(c) Any person who intends to collect earth or stone in mountainous districts of non-state forests shall obtain permission to collect earth or stone from the competent authority, as prescribed by Presidential Decree, and even where he/she intends to modify permitted matters, he/she shall obtain permission from the competent

Nevertheless, on November 2, 2012, the Defendant is going to earth and rocks from Jinju-si, Ginju-si, Ginju-si, Ginju to point 120 meters of ground height.

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