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(영문) 대구지방법원 경주지원 2021.01.06 2020고단425
산지관리법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A from November 1, 199 to April 16, 2016, Defendant B’s representative director of Defendant B, and from April 17, 2016, Defendant B’s inside director of Defendant B, a person who operates and exercises overall influence over management. Defendant B, a corporation established for the purpose of collecting rocks and conducting aggregate wholesale business, is running the supply of aggregate, such as extracting, crushing, and selling soil and stones, after obtaining permission for the extraction of soil and stones from 191, Defendant B, a corporation established for the purpose of collecting rocks and selling aggregate.

1. A person who intends to collect earth or stone in a mountainous district of defendant A shall obtain permission from the competent authority for collecting earth or stone, as prescribed by Presidential Decree, and the same shall apply where he/she intends to modify permitted matters, while a person who intends to divert a mountainous district shall obtain permission from the competent authority for a specified purpose;

A. The Defendant collected earth and stones without permission from around January 2012 to around January 2017, and collected earth and stones from around C and 2 lots (the first place of permission) outside of C and in excess of 45∑, respectively, from around 31.51∑ 30,741 cubic meters of the existing construction plan, without permission for change, and without permission for change.

2) From around January 2014 to January 2017, the Defendant collected soil and stones from approximately 3,137,09 cubic meters of the existing construction plan from approximately 45∑ 3,137,09, from around 2014 to around 2017, the Defendant collected soil and stones from approximately 280,951 cubic meters of the collected soil and stones from around 280,951 cubic meters of the collected soil and stones without obtaining permission for change.

B. From around June 2008 to June 2016, the Defendant converted the use of a mountainous district to convert the use of a mountainous district by gathering earth and rocks from D and one parcel of land outside of the boundary of a racing city without obtaining permission for the diversion of the use of earth and rocks, and collecting earth and rocks from 482,818 cubic meters of a mountainous district without permission, and destroying forest land and 23,320 square meters by using the same method.

2...

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