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(영문) 전주지방법원 남원지원 2015.08.25 2015고단135
산지관리법위반등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B is the representative of the Korea Agricultural Company D Limited Company in the Jeonbuk-gun Group C, and the defendant A is the person who is in charge of administrative affairs as the chief executive officer of the above company.

1. From January 2015, Defendants in violation of the Management of Mountainous Districts Act conspired to convert the form and quality of mountainous districts with a size of 21,341 square meters in aggregate by using heavy equipment, such as clicker, for the purpose of creating E without obtaining permission from the head of the relevant Si/Gun for conversion of mountainous districts in collusion, and collected soil and rocks from 11,341.7 cubic meters in cubic meters in order to use them for raising land for the creation of E site without obtaining permission from the head of the relevant Si/Gun.

2. The Defendants conspired in violation of the Creation and Management of Forest Resources Act to cut standing timber on January 2015 without obtaining permission for cutting standing trees from the head of the relevant I and J on the part of the Defendants, and cut standing timber equivalent to the amount of 424 cubic meters, such as pine trees, from 398.48 cubic meters, for the purpose of building the land for E site.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. Location map, current status map, and forest land register of damaged land;

1. A report on the calculation of restoration expenses for mountainous district conversion and a report on the calculation of standing timber damage;

1. Photographs of on-site investigation;

1. Public text for approval of a forest management plan, public text for consultation on change of a forest management plan, public text for notification of change of a mountainous district, public text for notification of completion of a reclamation project, public text for notification of consultation on conversion of a mountainous district, and application

1. The Defendants: Article 53 subparag. 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1), Article 30 of the Criminal Act, Article 53 subparag. 3 of the Management of Mountainous Districts Act, the main sentence of Article 25 (1), Article 30 of the Criminal Act, Articles 74 (1) 3 and 36 (1) of the Creation and Management of respective Forest Resources Act, Article 30 of the Criminal Act, Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act,

1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Code.

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