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(영문) 수원지방법원 여주지원 2013.08.13 2013고단99
산지관리법위반
Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around October 2010, the Defendant: (a) introduced and arranged to sell forest land or farmland in ten parcels of land, including Gyeonggi-gun E, etc. owned by D, to F, G, etc. for the purpose of housing for the source of electric power; (b) decided to be entrusted with the construction of civil engineering works on the said site from G, etc. instead of arranging and handling the said land division and authorization and permission affairs; and (c) from September 29, 201, the Defendant used nine parcels of forest land, including Gyeonggi-gun H, and farmland totaled of 2,649 square meters for the purpose of developing housing and access roads (farmland, permission for conversion of a mountainous district and report on a building), with the permission for development activities for housing and access roads (farmland, permission for conversion of a mountainous district and report on a building) and carried out

The Defendant, while engaging in the development project as above between January 2, 2012 and February 2012, he used standing timber to convert into a housing site and a legal surface and convert it into a mountainous district without obtaining permission from the competent authority without obtaining permission, by converting it into a housing site and a legal surface and converting it into a mountainous district without obtaining permission from the competent authority.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each statement of M and N (including attached data);

1. Application of current status survey drawings, satellite photographs, and Acts and subordinate statutes on site photographs of illegal land;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the former Mountainous Districts Management Act (Amended by Act No. 11352, Feb. 22, 2012; hereinafter referred to as the “Mountainous Districts Management Act”) which select the punishment for a crime and select the punishment for a crime (see, e.g., Supreme Court Decision 201Da1352, Feb. 22,

1. The Defendant and the defense counsel’s assertion under Articles 70 and 69(2) of the Criminal Act, and the Defendant and the defense counsel’s defense counsel, among the forests converted into the instant mountainous district, the Gyeonggi-guJ did not have any standing timber.

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