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(영문) 제주지방법원 2015.09.23 2015고단812
산지관리법위반
Text

Defendant

A Imprisonment with prison labor of 8 months and fines of 20,000,000 won and Defendant B shall be punished by imprisonment with prison labor of 6 months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the owner of a total of eight parcels of forest land, such as E, F, G, H, I, J, K, and L Forest in Jeju, and Defendant B is the lessee who leased the forest land in the above eight parcels of land from the above Party A.

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, from February 16, 2015 to February 24, 2015, the Defendants did not obtain permission for conversion of mountainous districts from the Jeju Mayor, the competent authority, from among the above eight parcels of forest land. Defendant A leased the above eight parcels of forest land to the above B so that the said eight parcels of forest land can be arranged to be used as a dry field and the rent can be replaced by the cost of land rearrangement work. Defendant B converted the use of mountainous districts by removing miscellaneous trees, etc. that were born therein and cutting or banking them by using heavy equipment, such as cream, etc. in order to develop the said forest as a dry field in accordance with the above lease agreement.

Accordingly, the Defendants conspired to convert mountainous districts without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Defendants’ respective legal statements

1. Mountainous districts subject to conversion;

1. A survey report on actual condition, on-site photographs, land cadastre, cadastral map, (additional forest damage area map, and a calculation statement of the amount of damage;

1. Report on investigation (report on search and investigation) and report on investigation (report on request for cooperation in investigation);

1. A copy of the farmland lease contract and a copy of the written agreement;

1. Application of field photographs (second, third, and third) and respective airline Acts and subordinate statutes;

1. Article 53 subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and Article 30 of the Criminal Act concerning criminal facts: Imprisonment with prison labor and a fine shall be concurrently imposed against Defendant A, and the choice of imprisonment with prison labor against Defendant B shall be imposed

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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

1. Provisional payment order (Defendant A): It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act;

The conditions favorable to the reasons for sentencing shall be restored to its original state.

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