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(영문) 수원지방법원 2020.04.28 2019고단8486
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A was granted permission to collect soil and stones from Defendant B Co., Ltd. from April 13, 2017 to March 31, 2018, on the ground that from March 31, 2018, the forest land equivalent to 7,873m2, including E, E, and 14m2,31,346m2, in Gyeonggi-si, Gyeonggi-si, the members of the Dong-gu C, and Defendant B Co., Ltd., and Defendant B Co., Ltd. was granted permission to extract aggregate stones of 2,31,346m2.

1. Where a person who collects earth or stone in mountainous districts of a forest which is not a state forest permitted to collect earth or stone from the head of a Si/Gun/Gu intends to modify permitted matters, he/she shall obtain permission from the permitting authority

From February 2, 2018 to March 2018, the Defendant collected earth and rocks equivalent to 57,340 cubic meters in depth by using powders, etc., unlike the fact that the Defendant obtained permission to collect earth and rocks in a forest equivalent to 5,900 square meters in Gyeonggi si (F), G’s 5,900 square meters in total, and the G’s forest extraction area is 10 meters in depth in the lower-water extraction area. Unlike the fact that the Defendant obtained permission to collect earth and rocks in a forest equivalent to 57,340 cubic meters in depth, and collected earth and rocks in a way that extracts stones using digging machines, etc.

2. Defendant B Co., Ltd. committed the above violation at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A survey report on the actual condition, on-site photographs, survey of the actual condition, cadastral map, and soil statement;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 54 subparagraph 4 of Article 54 and the main sentence of Article 25 (1) of the Management of Mountainous Districts Act, Defendant B stock company selected as a fine: Article 56 and subparagraph 4 of Article 54 and the main sentence of Article 25 (1) of the Management of Mountainous Districts Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Consideration of the scale of earth and stones collected without any permission to change the sentencing of Article 334(1) of the Criminal Procedure Act and the degree of restitution, etc.

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