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(영문) 대구지방법원 의성지원 2014.07.17 2014고정13
산림자원의조성및관리에관한법률위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Attachment 2014]

1. The Defendant, in violation of the Creation and Management of Forest Resources Act, decided to purchase 50,000,000 won of pine trees owned from among the Cland in Young-si B, Young-si, and decided to resell the said pine trees to D.

Accordingly, the Defendant applied for the permission to excavate the above 5gs from the forest green belt to the field, but only 4gs were permitted to excavate the said 5gs.

On the other hand, the Defendant and D conspired to extract 2glus in lieu of 2glus in neighboring pine trees that were not permitted due to their lack of commerciality, on the ground that 2glus among 4glus permitted.

Accordingly, the defendant in collusion with D, from April 30, 2013 to the same year.

5.1. up to 1. arbitrarily extracted 3 glue trees not permitted within the forest above.

[Attachment 2014 fixed3]

2. Around October 2012, the Defendant violated the Special Act on the Prevention of Pine Wilt Disease (hereinafter “Special Act”) carried out one pine tree (30cc in diameter) without obtaining approval seal for confirmation of production from the competent authorities or being issued production confirmation marks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on internal investigation (the location map of pine trees at the place of criminal activity) and a report on internal investigation (the attachment of data relating to permission to excavate Yeongdeungpo Viewing and viewing forest products);

1. Application of Acts and subordinate statutes to the charge book and the actual survey report;

1. Article 74 (1) 3 and Article 36 (1) of the Act on the Establishment and Management of Relevant Laws and Forest Resources for the Fact-finding, and Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources for the Selection of Punishment, Article 30 of the Criminal Act (Selection of Fines) of the Criminal Act, Article 17 (3) and Article 10-2 (1) of the Special Act on the Prevention of pine wilt Disease (the removal of pine trees without obtaining an approval seal

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant’s summary of the facts charged is from the Sung-gun E around October 2012.

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