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(영문) 수원지방법원 성남지원 2014.02.07 2014고정18
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

The Incorporated Foundation B is a corporation that establishes and maintains charnel facilities and natural burial grounds, and the defendant A is an adviser of the defendant Incorporated Foundation B in charge of field management, sale management, etc.

1. The Defendant cut and filled up the land of approximately 6,310 square meters, which is a mountainous district, from February 2, 201 to October 201, in Gwangju City, without obtaining permission from the competent authority, and installed a retaining wall to divert the mountainous district.

2. The Defendant Incorporated Foundation B, which is the Defendant Incorporated Foundation B, diverted the mountainous district to the mountainous district without obtaining permission from the competent authority in relation to the business of the Defendant Incorporated Foundation B at the date and place specified in the above paragraph 1.

Summary of Evidence

1. The defendant A and the defendant incorporated foundation B's statement of each part of the directors D

1. The suspect interrogation protocol of the defendant A by the police;

1. A written statement of D’s representative director D of the defendant foundation B;

1. Application of the practical survey report, location map, certificate of land use plan, forest damaged map, and Acts and subordinate statutes governing illegal deforestation damage photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

(b) Defendant Incorporated Foundation B: the main sentence of Article 56, subparagraph 1 of Article 53, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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