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(영문) 광주지방법원 순천지원 2019.09.05 2019고단885
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 15,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of the collection of earth and rocks and the management of equipment in Company B.

Where permission to collect earth and stones for violating the National Land Planning and Utilization Act is modified, permission shall be obtained from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor,

Nevertheless, from February 2, 2018 to December 6, 2018, the Defendant, without permission, destroyed the well-known square 1,000 meters away from the place of permission by using a reculator, without permission for change to the mountainous district in the Jeonyang-si, Jeonyang-si, and collected earth and rocks without permission by additionally cutting off the square 168,02 meters of earth and rocks at the lower part of the plan D (C, E, and F) and filling up the square 32,377 meters, which is part of the double earth and rocks.

(b) Where matters permitted to collect earth or stone are modified in mountainous districts violating the Mountainous Districts Management Act, permission therefor shall be obtained from Mayors/Do Governors or heads of Sis/Guns/Gus

Nevertheless, from February 2, 2018 to December 6, 2018, the Defendant, without permission, destroyed the well-known square 1,000 meters away from the place of permission by using a reculator, without permission for change to the mountainous district in the Jeonyang-si, Jeonyang-si, and collected earth and rocks without permission by additionally cutting off the square 168,02 meters of earth and rocks at the lower part of the plan D (C, E, and F) and filling up the square 32,377 meters, which is part of the double earth and rocks.

2. Defendant B, who is an employee of the Defendant, committed each of the offenses as set forth in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The location map, a photographic site, a earthmark, a forest register for each forest land use plan and written confirmation;

1. Application of each statute on a written accusation;

1. Defendant A of the pertinent Act on criminal facts: Article 140 subparag. 1, Article 56 (2) and (1) of the National Land Planning and Utilization Act, Article 53 subparag. 3, and Article 25 (1) of the Mountainous Districts Management Act: Article 143, Article 140 subparag. 1, Article 56 (2) and (1) of the National Land Planning and Utilization Act, and Article 56 of the Mountainous Districts Management Act;

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