logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.12.04 2014고단2485
산지관리법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

except that this judgment.

Reasons

Criminal facts

Defendant

B is a corporation established for the purpose of building construction business, etc., and Defendant A is the representative director of the above company.

1. Any person who intends to divert or engage in development activities for Defendant A mountainous district shall obtain permission from the competent authority;

Nevertheless, the Defendant did not obtain permission for mountainous district conversion and development from the competent authority, and from February 1, 2014, the Defendant obtained permission from the competent authority.

5. By the end of 20.20, regarding the sum of 603 square meters and 569 square meters among C forest land in Gwangju-si, Gwangju-si and D, E, and F forest land, the land was converted to a mountainous district without permission and changed the form and quality of land by inserting heavy equipment for the purpose of landslide prevention, cutting down the slope of the land, cutting a carc trees, etc., cutting down a stone shed, installing cement trees, etc., and cutting cement.

2. Defendant B, a representative of the Defendant Company, committed each act of violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Investigation report (business registration certificate, on-site photographs, and duplicate of construction contract);

1. Application of the location map and on-site photograph statutes;

1. Defendant A of the pertinent law on criminal facts: Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the same Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) of the same Act (unauthorized change in the form and quality of a mountainous district): Defendant B: Article 56, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Articles 143, 140 subparagraph 1, and 56 (1) of the National Land Planning and Utilization Act (unauthorized change in the form and quality of a mountainous district);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Defendant A who has chosen the penalty: Imprisonment;

1. Defendant A: Article 62(1) of the Criminal Act (see the following reasons for sentencing);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B Co., Ltd.: The period of sentencing of Article 334(1) of the Criminal Procedure Act does not change the form and quality of the Defendant A’s unauthorized change and conversion of a mountainous district.

arrow