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(영문) 청주지방법원 2016.08.30 2016고단163
산지관리법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that carries on construction business, etc., and Defendant A is a person who actually carries on construction business B.

1. A person who intends to divert a mountainous district of defendant A shall obtain permission from the Administrator of the Forest Administration, etc. for a specified purpose;

A. On July 2014, the Defendant, without obtaining permission for the diversion of mountainous districts in Cheongju-si, Cheongju-si, by using 2 Poke-ro, Poke-do, the Defendant converted the use of mountainous districts into stairs by creating a slope of the area of illegal damage as well as D parts 7,525 square meters.

B. On January 2015, the Defendant, without obtaining permission to divert a mountainous district at the same place on the same day, converted a mountainous district into a place by making a slope of a part C with a 3,664 square meter in the attached Form 3,64 square meters as a stairs.

(c)

On August 2015, the Defendant: (a) laid down a housing site development project using one scke in D and E; (b) cut down the standard trees, fallen leaves, etc. planted in A, B, part 5,721 square meters of land without obtaining permission for mountainous district conversion; and (c) cut the mountainous district and diverted the mountainous district.

As a result, the defendant was converted to mountainous districts without obtaining permission for mountainous districts more than three times in total.

2. Defendant B Co., Ltd. violated A, the representative of the Defendant, as set forth in the above paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Illegal damaged area map;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing certified copies of corporate registry;

1. Article 53 Subparag. 1 and Article 14(1)(2) of the Management of each Mountainous Districts Act (elective of imprisonment with prison labor); Articles 56 and 53 Subparag. 1 and 14(1) of the Management of each Mountainous Districts Act;

1. Aggravationd Defendants of concurrent crimes; former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Code

1. Defendant A: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that permission for development of a part of land after committing an offense shall be granted and the remainder shall be granted.

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