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(영문) 청주지방법원 2019.01.10 2018고단1331
산지관리법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 4,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established by Jincheon-gun, Jincheon-gun, Inc. on December 12, 2012 for the purpose of aggregate extraction business, etc., and Defendant A is a person in charge of general affairs of the company as the head of the above headquarters B.

1. Defendant A

A. Although the facts charged in a mountainous district, which is not a state forest that violates the Mountainous Districts Management Act, are indicated as “defensive stone”, it is obvious that it is an error, and thus, it is corrected as

In the facts charged (hereinafter referred to as "soil and stone"), the same shall apply. A person who intends to collect earth and sand shall obtain permission from the head of a Si/Gun/Gu for gathering earth and sand.

Nevertheless, from May 2015 to May 2016, the Defendant carried out earth and sand from 98,551 cubic meters without obtaining permission for gathering soil and sand from Jincheon-gun, Jincheon-gun, and E, a quasi-preserved mountainous district for the purpose of factory creation.

(b) Any person who intends to engage in an act falling under changing the form and quality of land violating the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si/Gun

Nevertheless, from April 2015 to June 2015, the Defendant created a factory site in Jincheon-gun D and E, and changed the form and quality of land by cutting the area exceeding 73,509 cubic meters in excess of the originally permitted cut area in excess of 20,449 cubic meters without obtaining permission to change the development activities from the competent authority.

Accordingly, the defendant was engaged in development activities without obtaining permission from the competent authorities.

2. Defendant B

A. The Defendant violated the Mountainous Districts Management Act, at the time and place indicated in the above paragraph 1, and at the place, A, an employee of the Defendant, carried out earth and sand from 98,551 cubic meters without obtaining permission for gathering earth and sand as described in the above paragraph 1.

B. The Defendant violated the National Land Planning and Utilization Act at the time and place specified in the foregoing 1-B.

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