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(영문) 수원지방법원 2011.2.24.선고 2010고정4159 판결
산지관리법위반
Cases

2010 pursuant to 4159 Mountainous Districts Management Act

Defendant

1. Telecommunications and G (54 years old, south);

Residential Asan City

Jeonnam of the original domicile

2. School juristic person* A private teaching institute.

Location Maternia

Representative Director Kim Kim

Prosecutor

Jin-Jin-Jin

Defense Counsel

Attorney HighCC (private ships for all of the defendants)

Imposition of Judgment

February 24, 2011

Text

Defendants shall be punished by a fine not exceeding twenty million won.

Where the remittance of a defendant fails to pay the above fine, the above defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

To order the Defendants to pay an amount of money equivalent to the above fine.

Reasons

Criminal facts

Defendant Song is the president of the Namyang-dong 14 XX, Namyang-dong 14 XX, and Defendant School Corporation* above * University Corporation.

1. Defendant’s transmission

(a) Where a person who has obtained permission for conversion of a mountainous district intends to modify the purpose, conditions, project plan, and scale of the mountainous district, he/she shall obtain permission for modification from the competent authority

Nevertheless, the Defendant conspired with the Defendant, a construction business operator who entered into a contract with him, in collusion, and 206.

11. 경부터 2007. 11. 30. 경까지 米米대학교 학교시설 부지를 조성하고 토석을 채취하여 판매할 목적으로 산지전용 변경 허가를 받지 아니하고 화성시 남양동 산 95xx번지 13, 775㎡와 산 96번지 8, 025m 등 도합 21, 800㎡에 대해 허가받은 계획고보다 6 - 7미터 더 낮게 절토하여 평탄작업을 함으로써 산지의 형질을 변경하여 산지전용을 하였다 .

B. A person who intends to convert a mountainous district shall obtain permission from the competent authorities for a specified purpose, but the defendant, in collusion with the above lecture**, the defendant, from November 2006 to November 30, 2007, conducted mountainous district conversion by changing the form and quality of the mountainous district by removing 25,540 meters of standing trees using crums, etc., using crums, etc., and blasting and blasting rocks, without obtaining permission for conversion of mountainous district for the purpose of selling after collecting earth and rocks.

(c) A person who intends to excavate or extract earth or stone in mountainous districts shall obtain permission from the competent authorities for the collection of earth or stone;

Nevertheless, the Defendant, in collusion with the above river**, collected and sold soil and stones equivalent to 229 million won in the market price from November 2006 to November 30, 2007, 797, 000 square meters in the above forest (25 tons truck 49,800 square meters) in collusion with the above * 95,00 O-dong O-dong, 21,000 m21,000 and 96 m25,425 m25 m2,000,000.

2. Defendant educational foundation* A private teaching institute

The Defendant, at the date, time, and place specified in paragraph (1) above, committed the above-mentioned violation against the Defendant as the president.

Summary of Evidence

1. Legal statement of remittance of the defendant;

1. Statement of the police statement concerning the demotion;

1. The accusation, on-site photographs;

1. On-site photographs and aerial photography;

1. Copies of permission for mountainous district conversion;

1. A copy of the daily balance sheet of vehicles taken out of earth and sand; and

Application of Statutes

1. Article applicable to criminal facts;

피고인들 : 각 산지관리법 제54조 제1호, 제14조 제1항 ( 변경허가없이 산지전용의 점 ), 제53조 제1호, 제14조 제1항 ( 미허가 산지전용의 점 ), 제53조 제3호, 제25조 제1항 ( 미허가 토석채취의 점 ), 형법 제30조, 각 벌금형 선택 피고인 학교법인 米米학원 : 산지관리법 제56조

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant Forwarding: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges after Completion

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