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(영문) 수원지방법원 여주지원 2014.07.21 2014고단336
산지관리법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C, a company manufacturing and selling feed in Leecheon-si.

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district

Nevertheless, in order to expand the factory site of the above corporation C, the Defendant, without obtaining permission for conversion of a mountainous district on August 2009, converted the use of 353 square meters among D forest land in Ischeon-si, E forest, 2,060 square meters among E forest land, 1,468 square meters among F forest land, 350 square meters in total among G forest land, and 4,231 square meters in mountainous districts of 350 square meters among G forest land, and cut and filled in trees planted in the relevant area, and created a factory site by making use of a scirre and cutting down the ground.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The site and aerial photography of the illegal exclusive use area;

1. Application of Acts and subordinate statutes to measured land reserved for conversion of a mountainous district;

1. Article 53 Subparag. 1 and the former part of Article 14(1) of the Mountainous Districts Management Act (amended by Act No. 1031, May 31, 2010) regarding criminal facts and the selection of fines for the selection of applicable laws and punishment.

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is ordered as ordered in consideration of the following: (a) the defendant has no previous criminal record; (b) the confession and reflect of the crime; and (c) the completion of restoration to the original state.

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