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(영문) 춘천지방법원 속초지원 2012.06.21 2011고단392
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall convert a mountainous district by obtaining permission for conversion of a mountainous district by fraud or other improper means.

On March 2008, the Defendant purchased 6,446 square meters of forest land Franyang-gun, Gangwon-do, E-owned, and obtained permission for mountainous district conversion, which is a special agricultural crops, “shared with cultivation,” and tried to sell pine trees above the above forest land.

However, the Defendant had the domicile at the time, and the permission for mountainous district conversion is not reasonable because of the absence of the farmland ledger. The Defendant knew that G had the farmland ledger by his employee, and around that time, G obtained permission for mountainous district conversion, and requested G to use a name for the purpose of permission for mountainous district conversion on the following grounds: “The address is required to obtain permission for mountainous district conversion, but there is a problem in the farmland ledger, and the application for permission for mountainous district conversion is requested in its name. The remainder is known with the inside of the farmland ledger, and there is no problem.”

Since then, around March 11, 2008, the Defendant purchased the forest of this case from E with KRW 55 million, and filed an application for permission for mountainous district conversion in the name of G, as if G installed a greenhouse house for agriculture in the area of 6408 square meters among the above forests and fields and installed it in the Yangyang-gun Office around March 27, 2008.

On May 7, 2008, the Defendant obtained permission for the conversion of the forest of this case in the name of Yangyang-gun who is a permit holder for G around May 7, 2008. On May 20, 2008, the Defendant sold approximately KRW 250,000 on the land of this case to H around KRW 110,000,000, and had H excavate the relevant pine trees around that time.

However, in fact G did not have the intention or ability to cultivate the burden in the forest of this case.

As a result, the defendant obtained permission to convert mountainous districts by fraud or other improper means, and converted mountainous districts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of a witness G, I and J;

1. Prosecutions and police suspect interrogation records of the accused;

1. Prosecutions with respect to G, K, L, J, I, and H; or

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