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(영문) 창원지방법원 통영지원 2017.02.13 2016고단1887
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by the Ordinance of Tong and Tong.

The Defendant is a general management director of D Co., Ltd., and is a person in charge of the construction site of the head of the F golf course construction project of Gosung-gun and 34 lots.

From September 2008 to October 2009, the Defendant cut a mountainous district preserved in its original form using equipment, such as pokes, and created a complete legal area with a view to cutting down a golf course download and slope, and converted a mountainous district into a mountainous district by changing the form and quality of a total of 15,294 square meters of a mountainous district other than Sung-gun E and 30 square meters of a mountainous district, such as the method of planting a light and turf, as shown in the list of crimes in the attached list of crimes, to cover the amount of KRW 294,473,526 of restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Reporting on the joint control results of sites prior to illegal mountainous districts of the 2016 military inspection and the location map, etc.;

1. Partial certificates of registered matters;

1. A report on the work process of creation works, current status photographs, and certification of the work progress;

1. A ledger of dynamic maps for diversion of mountainous districts, details of damage calculation, pictures of the light of forest damage, and photographs;

1. Application of Acts and subordinate statutes to a investigation report (F land use plan attachment), investigation report (determination of damaged area of a green belt in its original form), investigation report (Correction of details of damage calculation);

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the Defendant has no previous criminal records of the same kind and there are no other criminal records in order to recover damaged forests by actively endeavoring to restore damaged forests, such as: (a) the Defendant’s name reflects his/her mistake and promptly engages in restoration work (i.e., restoration work upon obtaining approval from the person on January 25, 2017; and (b) the Defendant applied for completion inspection to the High-gun as of February 7, 2017 after supervising mountainous district restoration work).

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