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(영문) 수원지방법원 여주지원 2015.07.06 2015고정142
산지관리법위반
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Defendant

A1) From March to April 2012, the Defendant destroyed the forest area of 1,629 square meters by means of using sckele equipment (48 square meters), a garden (1,040 square meters), and a pond (541 square meters), without permission for conversion of a mountainous district. 2) The Defendant, without permission for conversion of a mountainous district, destroyed the forest area of 113 square meters by using sckele equipment to cut the forest on the land of Gyeonggi-gu, Gyeonggi-do, and Gyeonggi-do, and F2 forest land in March 2014.

3) From March 2004 to December 2014, the Defendant damaged the forest by creating a forest as farmland by using a Trackter and a box, which is a farming machine, in the Gyeonggi-do Forest in order to raise swine pots, a agricultural crops, as farmland in Gyeonggi-gun, without permission for conversion of a mountainous district. Defendant B (1) The Defendant, without permission for conversion of a mountainous district from July 2009 to December 2009, damaged the forest by creating one 1,159 square meters in the prefabricated-gun G of Gyeonggi-gu, Gyeonggi-do, the Defendant’s prefabricated-gun Housing (73 square meters), the housing capacity, and the flower (983 square meters), and the access road (103 square meters) from July 2009 to December 209.

2. From July 201, the Defendant, without permission to convert a mountainous district, damaged 86 square meters in the forest by having the Defendant mobilized cirratulation equipment in Gyeonggi-gun H, and laid concrete pipes at a level of 30-40 meters, and by forming a flower above it.

Summary of Evidence

1. Defendants’ legal statement

1. Cadastral map, each illegal field photograph;

1. Satellite photographs of the illegal site and cadastral map of the illegal site;

1. Application of each location map, each survey result map, and each aerial photography statute;

1. The Defendants: Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the Act on the Management of Mountainous Districts; the Defendants’ selection of a fine for the crime;

1. Defendants from among concurrent crimes: the former part of Article 37 of the Criminal Act.

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