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(영문) 창원지방법원 밀양지원 2019.08.13 2018고단577
산지관리법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (Representative: Defendant A) obtained permission for the installation of solar power infrastructure from the portion of 15,107 square meters out of 33,184 square meters out of 33,184 square meters of forests and fields C, not in the Gun of Gyeongnam on September 1, 2017 (this part of forests and fields is divided into D 14,254 square meters on October 19, 2017 and e853 square meters of forests and fields).

1. A person who intends to convert a mountainous district of the defendant A, such as afforestation, forest tending, felling or extracting standing trees, gathering forest products, such as earth and rocks, cultivating or temporarily using forest products, or changing the form and quality of the mountainous district, shall obtain permission from the competent authority;

The Defendant, without obtaining permission from the head of Si/Gun on July 2018, changed the form and quality of the forest, F forest, G forest, and H forest in the aggregate of 1,738 square meters in the area of 1,738 square meters in the quasi-preserved mountainous district, without permission, and cut the building of solar power facilities as Pokele and filled the earth.

As a result, the Defendant converted the mountainous district into quasi-preserved mountainous district without obtaining permission for conversion.

2. On July 2018, Defendant B, a representative of the Defendant, committed a violation described in paragraph (1) regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. A supplementary statement of the I;

1. A report on investigation (the date and time of criminal investigation and a specific investigation), a report on investigation (the submission of data to the JI), five copies of confirmation of a land use plan, a report on investigation (the submission of a land use plan for a mountainous district), and a copy of a land use plan;

1. Full certificate of the registered matters;

1. All documents related to construction plan drawings, nine copies of cadastral records, six copies of land cadastre, three copies of forest register, one satellite photograph and five copies of field photograph, and permission for development activities;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act; Defendant Company B selected as a fine: Articles 56 and 53 of the Management of Mountainous Districts Act;

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