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(영문) 제주지방법원 2012.11.08 2012고단1097
산지관리법위반
Text

Defendant

A Imprisonment for one year, Defendant B and C shall be sentenced to six months of imprisonment, and Defendant D shall be sentenced to a fine of KRW 7,00,000.

Reasons

Punishment of the crime

Defendant

A as the substantial representative of D in the fourth floor of the F building in Jeju City, with respect to the size of 3,853 square meters of G forest 24,368 square meters in G, G, 24,368 square meters in G, the subcontractor management, employees management, etc., Defendant B as the representative director of D, Defendant C was in charge of raising funds, fund management, investment attraction, etc., and Defendant C was in charge of reporting construction site management, construction progress, etc., and D is a corporation established for the purpose of graveyard-related facility execution business.

1. A person who intends to convert his/her joint criminal conduct by Defendant A, B, or C shall obtain permission from the Jeju City Mayor for the purpose of conversion;

Nevertheless, the Defendants conspired with each other from February 2012 to the same year.

4. By the 15th day of Jeju Forest G 24,368 square meters, from the Jeju Forest G 24,800 square meters to the 9,800 square meters, and from the Jeju Forest 24,368 square meters to the removal of approximately 500 standing trees, such as cirr trees, by using digging machines, etc. for the purpose of creating graveyard facilities, such as a cirical tower, and the conversion of a mountainous district to the extent equivalent to KRW 12,24,703,

2. Defendant D Co., Ltd. committed a violation by having Defendant A, B, and C, an employee of the Defendant, convert the business of the Defendant into a mountainous district as above at the above temporary location.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning H;

1. Each police statement to I, J, and K;

1. Lritten statements;

1. One aerial photography, a summary of authorization and permission, and one copy of illegal conversion, a satellite photo register, a satellite photograph, a survey report on actual condition, a field photograph, one copy of mountainous district classification, one land cadastre, one copy of registration certificate, part of registration certificate, one application for permission for mountainous district conversion, one application for permission for mountainous district conversion (permission for change), one application for investigation report, and the application of Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, and C: Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act, and the Criminal Act.

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