logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.11.28 2016고단4136
산지관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall convert a mountainous district without obtaining permission from the head of a forest office, etc. for conversion of a mountainous district.

On July 2016, the Defendants entered into an oral agreement with Defendant A to purchase forest land of KRW 3,545 square meters from Defendant B in Gwangju-si, Gwangju-si, without obtaining permission for mountainous district conversion. Defendant A requested Defendant B to fill the above forest land and fill up the soil at a height of 2.5 meters on part of the above forest land. Defendant B introduced the business operator installing a natural stone and a reinforced soil retaining wall to Defendant A and thereby created a housing site by damaging a total of KRW 1,540 square meters by installing a natural stone and a reinforced soil retaining wall.

As a result, the Defendants conspired to convert mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Partial statements of Defendant A and the legal statements of Defendant B

1. Legal statement of the witness B;

1. Statement made by the police with regard to F;

1. Records and location map of actual situation, registers of forests and fields, cadastral maps, confirmation of land use plan, and photographs of each field;

1. A certified copy of real estate registry;

1. As a result of an investigation report (verification of damaged area) and a business trip, a report, a location map of destroyed parts, each field photograph [B] specifically state with Defendant A about the process of raising earth and retaining wall in the forest of this case and the situation before and after the work to install retaining wall, etc., the explanation of the situation is reasonable, and there is no particular or contradictory part in the contents of the statement.

In addition, in light of the relationship with the defendant A, B makes a false statement in order to raise the defendant A.

It does not seem that it does not appear.

Therefore, there is credibility of the B’s statement

The decision is judged.

In full view of these statements and the remaining evidence mentioned above, Defendant A, in collusion with Defendant B, destroyed the forest without permission of the competent authority as stated in the facts charged, and created a housing site, thereby fully recognizing the fact of diversion of the use of the mountainous district.

The laws and regulations;

arrow