Text
Defendant
A In six months of imprisonment, Defendant B Co., Ltd. is punished by a fine of KRW 5,00,000, and Defendant C is punished by a fine of KRW 3,00,00.
Reasons
Punishment of the crime
1. Where the volume of earth and rocks is at least 50,00 cubic meters when a person who has obtained permission to divert a mountainous district has extracted or removed earth and rocks incidentally in the course of converting a mountainous district, permission to collect earth and rocks shall be obtained separately from the permission to divert
Nevertheless, from May 28, 2009 to February 27, 2012, the Defendant collected earth and stones from approximately 200,130 cubic meters in cubic meters when the Defendant only obtained permission for conversion of a new factory site for the construction of a new factory due to an area in which the permission for conversion of a new factory cannot be obtained from Daegu-gu SimF, G, and H from around May 28, 2009 to around February 27, 201
2. Defendant B, at the date, time, and place under Paragraph 1. A, the representative of the Defendant, committed a violation in relation to the Defendant’s business.
3. Where a suspect C permission for mountainous district conversion intends to change a mountainous district conversion, permission for change shall be obtained.
Nevertheless, from November 14, 201 to April 2, 2012, the Defendant illegally diverted a mountainous district equivalent to 1,366 square meters in total by failing to obtain permission for conversion of a mountainous district, even though the height of the above land is lower than 2 meters by 1,240 square meters and 126 square meters in office buildings in Daegu-gun Gun I, which obtained permission for conversion of a mountainous district from around November 14, 201 to around April 2, 201.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement to J and K;
1. Application of Acts and subordinate statutes to a written accusation or a written accusation;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Subparagraph 3 of Article 53 and Article 25(1) of the former Management of Mountainous Districts Act (Amended by Act No. 11352, Feb. 22, 2012; hereinafter the same shall apply)
(b) Defendant B corporation: Articles 56, 53 subparag. 3, and 25(1) of the former Management of Mountainous Districts Act
(c) Defendant C: Subparagraph 1 of Article 54 and Article 14(1) of the former Management of Mountainous Districts Act (Selection of Fines)
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant C);
1. The suspended execution (Defendant A) Criminal Act;