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(영문) 대전지방법원 천안지원 2019.10.24 2019고단1505
산지관리법위반
Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of Defendant B corporation for the purpose of construction business, etc.

1. A person who intends to modify matters permitted to divert a mountainous district under subparagraph A shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts

Nevertheless, around October 2018, the Defendant removed trees equivalent to 3,828 square meters of forests and fields using c,828 square meters of forests and fields without obtaining permission to change a mountainous district conversion in order to build a factory site, and damaged the above forest land so that the sum amounting to 4,790 square meters of forests and fields is equal to 17,183,000 square meters of forests and fields, by cutting and raising the land of 962 square meters of forests and fields.

As a result, the Defendant converted a mountainous district without obtaining permission to change a mountainous district in the astronomical market.

2. Defendant B Co., Ltd., at the same date, at the same place as above, and at the same time and place, and the representative A, the Defendant’s business, without obtaining permission to convert the mountainous district into a astronomical market.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the land use plan, confirmation source and land cadastre;

1. A survey report on actual condition, a location map, an aerial photography, a field photograph of the case, a current status of illegal mountainous districts, and a report on calculating the amount of damage;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to one copy of the investigation report (examination and attachment of additional data submitted by an accuser);

1. Article 54 subparagraph 1 of Article 54 and Article 14 (1) (Selection of Fine) of the Management of Mountainous Districts Act: Defendant B stock company: the main sentence of Article 56, subparagraph 1 of Article 54, and Article 14 (1) of the Management of Mountainous Districts Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for each order of provisional payment are as follows: (a) the Defendants recognized the error of the Defendants; (b) reflect their depth; and (c) the restoration of damaged forests and fields was completed; and (d) the process leading up to

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