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(영문) 제주지방법원 2016.06.15 2016고단65
산지관리법위반
Text

Defendant

A Imprisonment of 10,00,000 won and fine of 20,000 won, Defendant Incorporated Corporation B shall be punished by a fine of 20,000.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district of defendant A shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree;

Nevertheless, from May 2015 to August 2015, the Defendant converted the use of mountainous districts of approximately 2,596 square meters by removing miscellaneous trees without obtaining permission from the competent authorities in Jeju-si D Forest without obtaining permission from the competent authorities, cutting and banking the ground by using a excavation cutting machine and piling up stone embankments.

2. Defendant B Co., Ltd., the Defendant Company B, at the above date, and at the above place, converted the mountainous district as above to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the commencement of internal investigation, a report on illegal forest damage matters, a report on investigation (on-site inspection), a land use plan, a land use plan perusal drawings, field photographs, investigation reports (verification reports, such as registers of forests and fields, etc.), forest registers and forestry maps, investigation reports (report on the calculation of areas damaged by forests and the amount of damage), a forest damaged area map, and a detailed statement

1. All certificates of registration of the corporation, investigation reports (report related to the investigation of the representative director E), and field photographs;

1. Application of a certified copy of land register, and a certified copy of each corporation registry;

1. Article 53 subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act; and Article 53 subparagraph 2 of the same Act and the main sentence of Article 14 (1) of the same Act; and Article 56 and Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the same Act;

1. Attraction of a workhouse (Defendant A): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Confirmation of restoration from original state (as of March 22, 2016) in favor of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; circumstances unfavorable to a person who has no record of the same kind or suspension of execution or higher: ① even if the person is a name of felling trees and land flatization, a serious penalty is required for illegal diversion of mountainous district for the sake of preserving the environment of Jeju Special Self-Governing Province; ②

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