Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Punishment of the crime

In order to eradicate pine wilt and prevent the spread thereof, the head of a Si/Gun/Gu shall designate an affected area and an area within a certain distance prescribed by Presidential Decree within five kilometers from the affected area as an area prohibited from removing pine trees, and shall prohibit the movement of excavated pine trees in an area prohibited from removing pine trees unless there are special circumstances, such as where pine trees have been produced with authorization of a forest management

Busan-gun D is an area where pine trees are prohibited from being shipped out.

Nevertheless, around June 16, 2014, Defendant B entered into a contract with Defendant A to sell KRW 25 million of pine trees, which were born in E, to eight million, and Defendant B moved the said pine trees to Defendant A’s farm in F from June 26, 2014 to June 29, 2014.

As a result, the Defendants conspired to move 25gs of pine trees extracted from the area where the removal of pine trees is prohibited.

Summary of Evidence

1. Part of the statements made by the Defendants in this Act

1. Statement and image (including attached photographs) of the report on the place of crime and the plan for measures prepared by the regional green belt assistant police officers of the plane keeping office;

1. Entry of a survey report on actual conditions prepared by regional green belt owners in the plane ledger and military administration;

1. Application of Acts and subordinate statutes in a copy of a contract for the sale of trees (Evidence No. 75 page);

1. Article 17 (1) and Article 10 (1) 5 of the Special Act on the Prevention of Filty Diseases (Amended by Act No. 1358, Jun. 22, 2015); Article 30 of the Criminal Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The prosecutor of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order seeks confiscation against “25 gluss from seized pine.” However, it is difficult to view that the said pine trees constitute “goods provided or intended to be provided for an act of crime” under Article 48(1) of the Criminal Act or “goods produced or acquired by such act of crime.”