logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.08.26 2016고단844
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd.

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and obtain permission from the head of the relevant forest agency, etc. even where he/she

Nevertheless, on January 2015, the Defendant, while running a golf course business in Dong-si, Si-si, Si-si, did not obtain permission to convert mountainous districts and used mountainous districts of 19,951 square meters in total on the site of all golf courses without permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a written accusation, a statement calculating the damaged area of the original green belt, and damaged forests and photographs;

1. Article 54 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act with respect to the crime of this case on the ground of sentencing of the provisional payment order is not less than the nature of the crime in light of the fact that the area of the mountainous district exclusively used without permission

However, the defendant's age and crime committed by the defendant, such as the fact that the area of a golf course constructed including an unauthorized mountainous district is about 50% of the area, and that the defendant and the defendant become aware of the fact that it was diverted only through a close survey because it constitutes a cadastral non-conformity. The defendant and the defendant's company knew of the violation and voluntarily reported the alteration of the golf course implementation plan at the time of Tong-gu, the permitting authority, including the damaged mountainous district from the Tong-si, and most of the damaged mountainous district was restored to the damaged mountainous district; since June 2014, before the defendant was appointed as the representative director of the company, it seems that the golf course construction was conducted from around June 2014, and the mountainous district was already being damaged; there was no penalty heavier than the suspension of execution or the same criminal history; and the defendant

arrow