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(영문) 제주지방법원 2016.08.18 2016고합45
특정범죄가중처벌등에관한법률위반(산림)등
Text

Defendant

A Imprisonment for three years, Defendant B, and C shall be punished by imprisonment for two years, respectively.

From each of the Defendants, 19,215.

Reasons

Punishment of the crime

Defendant

A had a mind to construct a set and sell a set in Jeju Special Self-Governing Province on March 26, 2014, and established an I Stock Company (hereinafter “I”), which is a real estate developer, around March 26, 2014. On April 15, 2014 and May 30, 2014, purchased a total of KRW 128,673 square meters in total for approximately seven billion in gold.

Defendant

A as a prior procedure for obtaining permission for development activities, was introduced by the Defendant C, who was in charge of managing the above forest land as a patroler on February 2015 while advertising with a person who was in charge of felling standing timber in the above forest.

On February 25, 2015, the Defendants concluded a contract with K to cut standing timber of KRW 60 million in total at the office of I Co., Ltd. located on the fifth fifth floor of L Building at the Jeju city around February 25, 2015, and agreed that K left approximately 30% of the standing timber in the above forest and field and committed the act independently by leasing the above forest and field in order for K to establish a farmer's death if illegal felling is discovered to an investigation agency. Defendant B conspired to guarantee the completion of the cutting work of K and not to reveal the fact of Defendant A's participation in the crime.

1. A person who intends to cut standing timber in a forest shall obtain permission from the competent authority;

From March 2, 2015 to March 25, 2015, the Defendants: (a) in collusion with K, and without obtaining permission to cut standing timber from the Seopopo City; (b) from March 2, 2015, up to March 25, 2015, the Defendants cut part of the forest of Seopo City, 4,637 square meters in total; (c) 6,91 square meters in Npo City; (d) 3,868 square meters in O forest; (c) 2,25 square meters in P forest; (d) 16,95 square meters in Q forest; and (e) 36,275 square meters in total in Q forest; and (e) 36,275 square meters in Rpoland (hereinafter referred to as “the forest of this case”) and cut part of human beings employed by K in the forest of 267 square meters in total, including 19,215,040 won in total, and 245 miscellaneous trees.

2. Any person who violates the Management of Mountainous Districts Act shall be from the competent authority;

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