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(영문) 제주지방법원 2015.12.23 2015고단1275
산지관리법위반
Text

Defendant

A Imprisonment with prison labor and fines of 20,000,000 won, Defendant Incorporated Corporation B shall be punished by a fine of 10,000.

Reasons

Punishment of the crime

1. On July 2015, Defendant A converted the use of a mountainous district of which total area is 5,452 square meters, by changing the form and quality of the above forest by removing miscellaneous trees and miscellaneous trees and making a flat work using scoos, without obtaining permission from the competent authorities, on forest land, including Jeju-si, Jeju-si, etc., and by using scoos.

2. Defendant Company B is a corporation established for the purpose of real estate development, etc.

At the time and place specified in paragraph (1), A representative of the defendant committed the above violation in relation to the defendant's duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on criminal intelligence, drawings for inspection of land use, and on-site photographs;

1. Forestry register, forestry map, investigation report (to hear the statements of land-owned corporation and representative director), and part of the matters registered for the corporation;

1. Request for cooperation in investigation, reply, issuance of a certificate of construction report, consultation on conversion of a mountainous district, notification of a report on a conversion of a mountainous district, consultation on matters subject to consultation following a report, conditions for permission for conversion of a mountainous district and matters to be considered, outline of construction

1. Application of the actual survey report, on-site photographs, investigation reports (the details of calculation of forest damaged areas and amount of damage), forest damaged areas map, and calculation sheets of damaged amount, to the Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) (main sentence) of the Management of Mountainous Districts Act and Article 53 subparagraph 1 of the same Act and the main sentence of Article 14 (1) (B) of the same Act: Defendant agricultural corporation to be concurrently punished by imprisonment and fines: Article 56 and Article 53 subparagraph

1. Detention in a workhouse (Defendant A): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing are confirmed to be restored to the original state ( December 15, 2015), and circumstances unfavorable to the same kind of criminal records: cutting of miscellaneous trees, and even if the land is flatized, it is necessary to severely punish illegal activities for preserving the environment of Jeju Special Self-Governing Province.

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