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(영문) 대전지방법원 2015.08.13 2014고정1367
산림자원의조성및관리에관한법률위반등
Text

Defendant

A shall be punished by a fine of KRW 8,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to fell standing timber, extract and gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office;

However, Defendant A, without obtaining permission from March 1, 2014 to March 3, 2014, extracted from Sejong Special Self-Governing City’s 6,249 square meters, 11 parcels of pine trees, which were located in the 6,249 square meters of land outside Sejong Special Self-Governing City, using the digging gear to use as landscape trees.

2. Defendant A is a person operating a landscaped business entity G, while Victim B is a representative director of Victim H Co., Ltd.

On February 18, 2014, the victim H sold approximately KRW 20,000 to K, the representative director of J, about KRW 8,00,00,00 in the forest land, in order to carry out the construction work for the development of the Fow in Sejong Special Self-Governing City I.

After that, K sold the 10 million won pine trees to L, and L again sold the 111 million won pine trees to the defendant.

However, the victim H stated that the facts charged around February 28, 2014 are "23 February 2014," but it is revised accordingly.

The sales contract with K was terminated by agreement.

Defendant

On March 1, 2014, A terminated the sales contract between the victim H and K, and caused a problem in the sales contract between L and K, and Defendant A became aware that it was impossible for them to acquire ownership of 20 pine trees.

Nevertheless, from March 1, 2013 to March 3, 2013, Defendant A (hereinafter “Defendant”) was aware of, and attempted to, remove 20 female pine trees, which are the victim H, from Sejong Special Self-Governing City I forest, by carrying several figures from the forest in Sejong Special Self-Governing City, and tried to remove 20 female pine trees, the victim H.

3. On March 4, 2014, at around 08:30 on March 4, 2014, Defendant A interfering with business activities, with the mobilization of several parts and equipment to prevent the risk of death of pine trees for which the victim B attempted to take out from Sejong Special Self-Governing City I.

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