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(영문) 대전지방법원 서산지원 2017.01.13 2016고단718
산지관리법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Defendant A

(a) Anyone who intends to collect earth or stone in mountainous districts of a forest, other than a state forest, shall obtain permission to collect earth or stone from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall apply to any modification

The defendant, as the representative director of the corporation B, obtained permission to collect soil and stones for three parcels, such as Jin-si E, F, and G, from March 4, 2009 to December 31, 2017, from March 4, 2009, for the purpose of producing 5,929 meters in quantity for the purpose of producing fine aggregate, civil engineering, landscaping, and stone, and obtained permission to collect soil and stones for three parcels, such as Jin-si E, H, and I, for the same period as the same day.

(1) On June 2015, the Defendant: (a) laid down earth and rocks and minerals in mountainous districts other than those permitted to collect earth and rocks without obtaining permission to alter the collection of earth and rocks in a total of 1,287 meters of the area of J and K forest land in J and K.

(2) From the beginning of October 2015 to the end of the same month, the Defendant collected considerable 2,310 meters of earth and stones in excess of the slope standard for which permission for gathering earth and rocks was obtained without obtaining permission for change of collection of earth and stones in a total of 470 square meters of the area of the Sinjin F and E forest.

(3) On October 2015, the Defendant collected considerable amount of 10,070 meters underground in excess of the height of the gathering plan permitted for earth and stone, without obtaining permission for change of collection of earth and stone, in the aggregate of 2,582 meters of the size of the F and I forest in Jin-si per City and I forest.

(4) On March 2016, the Defendant damaged mountainous districts outside the region where permission for gathering earth and rocks was obtained by using the digging season, etc. without obtaining permission for permission for gathering earth and rocks, in the area equivalent to a 528m square meters of L, forest land area in Jin-si.

(b) Any person who intends to temporarily use a mountainous district for the purpose of mining minerals under the Mining Industry Act shall obtain permission from the Administrator of the National Forest Service, etc. according to the classification of types, areas, etc. of the mountainous district prescribed by Presidential Decree, and shall also amend permitted matters

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