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(영문) 대전지방법원 논산지원 2017.01.10 2016고단394
산지관리법위반
Text

Defendant

A Imprisonment for six months, the Defendant Company B shall be punished by a fine of KRW 7,000,00, and Defendant C shall be punished by a fine of KRW 1,500,00.

Reasons

Punishment of the crime

"2016 Highest 394"

1. A person who intends to divert a mountainous district under defendant A shall obtain permission from the head of a forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to extract earth or stone in a mountainous district other than a national forest shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu,

A. From November 2015, 2015 to December 2, 2015, the Defendant diverted a mountainous district of approximately 3,205 cubic meters from a 3,205 cubic meters of soil and rocks to gather soil and rocks, without obtaining permission for the diversion of mountainous district or the gathering of soil and rocks, from the Hannam-gun, Chungcheongnam-gun, a mountain village, which is not a state forest, and collected approximately 5,220 cubic meters of soil and rocks.

B. From March 21, 2016 to February 23, 2016, the Defendant collected approximately KRW 195 cubic meters of soil and rocks without obtaining permission from the head of Si/Gun from the mountainous district indicated in paragraph (a).

2. Defendant B, at the time and place specified in paragraph (1), Defendant A, an employee of the Defendant, committed the above violation in relation to the Defendant’s business.

"2016 Highest 529"

1. A person who intends to collect earth or stone in mountainous districts of a forest, other than a defendant C, shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall also apply where he/she intends

From January 1, 2015, the Defendant is a person who works for a limited company B located in the F of Seosan City, and the limited company B is a person who works for the limited company B from March 7, 2013 to May 30, 2016, the Defendant usually collects soil and sand from Chungcheongnam-gun G and E in the area of 256,720 cubic meters, such as the heading construction, from around February 7, 2013 to around May 30, 2016.

“A person who has obtained permission to that effect.”

Nevertheless, the Defendant did not change the permitted matters from the number of competent authorities, in the case of Chungcheongnam-gun, the Republic of Korea around May 12, 2015, and did not change the permitted matters.

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