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(영문) 춘천지방법원 속초지원 2015.11.19 2015고합28
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around April 11, 2014, the Defendant violated the Creation and Management of Forest Resources Act entered into a contract to purchase pine trees in the forest area of Da 12,988m2 (owner E) with a person who is delegated the right to sell pine trees from a Gosung C Co., Ltd., which is located in the forest area of Da 12,98m2 (owner E). Accordingly, the Defendant was entitled to exercise the right to extract or cut standing trees in the forest area of Da Sung-Gun, which is located in the place of permission for gathering soil and rocks (the gathering period from April 30, 2014 to December 30, 2014) from Gosung-Gun around April 30, 2014.

However, despite the fact that the Defendant, from June 9, 2014 to November 11 of the same month, extracted the produce from the forest by using an opportunity to cut standing timber or bamboo or to exercise the right to extract or gather produce from the forest, the Defendant extracted 23 copies of pine trees worth KRW 10,015,000, total market value of the victim E-owned land, which was growing over the area of 1,020 square meters in total, including the buffer zone where standing timber cannot be extracted from the forest and the forest outside the permitted area, and the forest outside the permitted area.

As a result, the defendant stolen standing timber owned by the victim by using an opportunity to exercise the right to cut standing timber.

2. A person who intends to move pine trees produced in an area other than an area prohibited from removing pine trees in violation of the Special Act on Disease Control and Removal, shall obtain an approval seal for confirmation of production from the competent authority or obtain a production confirmation mark.

Nevertheless, the Defendant extracted 23 pine trees from the place mentioned in Paragraph (1) and at the same time, and transported the pine trees to the place located in the Si F without obtaining an approval seal from the competent authorities to confirm production, and to the place located in Gu G in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure and evidence of seizure;

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