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(영문) 광주지방법원 해남지원 2019.01.31 2018고정96
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative of a limited liability company B who collects and sells earth and rocks on three lots outside the Maritime Zone C.

A person who intends to collect earth or stone (including cases of processing or transporting earth or stone outside a mountainous district) in a mountainous district shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun

As of December 31, 2017, the period of permission for the collection of earth and rocks has expired.

Nevertheless, on January 4, 2018, the Defendant supplied 23,685 cubic meters of total supply to 234,456,50 cubic meters of 25 meters of dump truck to 25 meters of 25 meters of dump truck and supplied them to D, etc. In addition, the Defendant supplied 23,685 cubic meters of 23,685 meters of 23,68 meters of dump truck to 234,456,50 won and carried them out of 1,364 times without permission.

2. The above Defendant B, the actual operator of Defendant B’s Defendant limited liability company, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Written accusation for the preparation of a GunGun;

1. Statement on permission for extension of earth or stone collection period or change of title;

1. The information about the request for supplement following the application for extension of the collection period;

1. Report on results of business trips;

1. Field photographs, etc.;

1. Seizure records and the list of pressures;

1. Current status of removal of aggregate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 53 subparag. 3 and Article 25(1) of the Management of Mountainous Districts Act; Selection of fines

(b) Defendant B: Articles 56, 53 subparagraph 3, and 25 (1) of the Management of Mountainous Districts Act;

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

1. It is so decided as per Disposition for the reasons above Article 334(1) of the Criminal Procedure Act (the defendants) of each order of provisional payment;

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