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(영문) 의정부지방법원 2013.06.13 2013고단896
산지관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district, such as creating a housing site in a mountainous district, shall obtain permission from the Minister of the Korea Forest Service.

Nevertheless, around August 201, the Defendant: (a) in a forest located in eight lots in total, such as Pyeongtaek-gun C, D, E, F, G, H, I, and J in Gyeonggi-do, the Defendant: (b) made four working workers remove trees located therein using a dump truck and dump so as to clarify the boundary of the said forest site; (c) make it smooth to create a housing site; and (d) make approximately twenty (20) days remove trees for sale to others; and (e) diverts the said forest into a mountainous district in which approximately KRW 31,562,80,00 for expenses for restoration are reduced; and (e) diverts approximately KRW 31,562,80 for dump truck and dump for dumping the said forest.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

1. Selection of a fine for negligence (the defendant's error is against his/her will, and the defendant has completed consultation with the competent administrative agency after this case and paid expenses for creating forest replacement resources, expenses for restoring mountainous districts, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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