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(영문) 수원지방법원 성남지원 2015.10.23 2014고단2306
산지관리법위반등
Text

Defendant

A shall be punished by a fine of KRW 2,000,00,00,00,00,000,000 for six months.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district of "2014 Highest 2306" shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, without permission of the competent authority, Defendant A created a cemetery in the 1,186m square of the E-si in Gwangju-si, Gyeonggi-do, which is a mountainous district on August 201, and in the 270m square of about F 270m, and created a cemetery in the 1,358m square of G, which is a mountainous district, around April 2013, by creating a cemetery in the 1,358m square of G, E, the 172m square of square, and the F 287m square of the area of the 3,273m square of land.

2. Defendant A, a foundation, is a non-registered managing director of the Foundation B, who exercises overall control over the administration of the above cemetery. Defendant B, a foundation corporation, is a corporation established for the purpose of creating and maintaining a park cemetery.

No person shall establish any family cemetery, clan cemetery, or corporate cemetery without permission from the competent Mayor, etc. or permission for change.

A. On July 27, 2011, when part of the grave H located in the Gyeonggi-si, Gwangju-si, was lost due to a landslide caused by centralized rain, Defendant A maintained the grave of about 40 days for which the surviving family members confirmed among them, on the ground that it is necessary to remove the grave, and on August 27, 2011, around 800 square meters of forest land E at the time of the Gyeonggi-si, which is owned by the same foundation adjacent to the foregoing B, without permission of the competent Gwangju-si City, and installed the said grave without permission.

B. The Defendant Company B, as indicated in the foregoing paragraph (1), committed the above violation against A, an employee, regarding the Defendant’s business.

Summary of Evidence

[2014 Highest 2306]

1. Defendant A’s legal statement

1. A protocol concerning the police investigation of the defendant A;

1. A certified copy of the actual survey report, cadastral map and forestry map;

1. Parcelling-out degree and illegal mountainous district conversion-related photographs (2015 Highest 1003);

1. Defendant A’s legal statement

1. A written statement of I;

1. Current state of illegal protocol and accusation region;

1. Application of Acts and subordinate statutes to order the relocation of illegal funeral service establishments;

1. Article 2 of the Act on the Management of Mountainous Districts and Defendant A who is selected to punish criminal facts;

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