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(영문) 전주지방법원 군산지원 2019.05.10 2018고단1030
산지관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant

A leased 8,250 square meters of land of 94,711 square meters of land of 4,711 square meters, which is a mountainous district, from a corporation, to develop the same mountainous district together with Defendant B as farmland and publicly recruited to cultivate the same mountainous district as farmland to set up a Go-gu Mam farmer.

A person who intends to convert a mountainous district shall determine its use and obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and no person shall convert a mountainous district without obtaining permission therefor.

Nevertheless, the Defendants did not obtain permission from the competent authority, and pursuant to the above public offering, Defendant A leased the instant mountainous district on April 17, 2016, and Defendant B paid KRW 1250,000 to Defendant A as the rent for the said mountainous district on the date of the same month, and the said mountainous district includes 15,019 square meters (1,194 square meters out of 7,636 square meters in E, 7,636 square meters in E, 13,388 square meters in F, 430 square meters in 94,71 square meters in D forest, 10,608 square meters in 94, 2,494 square meters in G forest, 5,851 square meters in 2,49, 16 square meters in H forest and forest, 184 square meters in 1,109 square meters in 2,109 square meters in 1,70, and 294 square meters in forest and forest, etc.).

As a result, the Defendants conspired to convert the land into 8,250 square meters of 94,711 square meters of Do Forest land in Ysan-si without obtaining permission for conversion of mountainous district, and the Defendant B, without obtaining permission for conversion of mountainous district, diverted the remainder of the mountainous district except the above part.

Summary of Evidence

1. Legal statement of the witness L;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. The actual condition survey report;

1. A copy of contract;

1. The location map and the victim affected thereby;

1. Application of Acts and subordinate statutes on aerial photographys (before, after damage), on-site photographs;

1. Defendant A of the pertinent legal provision on criminal facts: Subparagraph 1 of Article 53 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Article 30 of the Criminal Act.

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