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(영문) 대전지방법원 논산지원 2018.02.06 2017고정210
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of an incorporated foundation B in C at the time of discussion.

1. Where the head of a Si/Gun/Gu has diverted a mountainous district without obtaining permission to divert the mountainous district, he/she may order a person who has committed such act to restore the mountainous district, and a person who is obligated to restore shall perform an order of recovery;

On May 31, 2017 and July 11, 2017, the Defendant failed to comply with the above restoration order, without justifiable grounds, even though he/she received an order to restore from the rice market to the mountainous district the matters exclusive for mountainous district, such as the confirmation of access roads, the construction of a pond, warehouse and toilets, the construction of soil and sand burials, and the rearrangement of mountainous districts, from the rice market and eight parcels of land outside Seosan-si without permission of mountainous district conversion from the rice market.

2. The Defendant Incorporated Foundation B, the representative of the Defendant, did not comply with the restoration order regarding the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. A legal statement of the defendant himself/herself and the representative of the incorporated foundation B

1. Statement by the accuser for E;

1. An order to recover a site prior to illegal mountainous districts, or an order to reinstate a site prior to illegal mountainous districts by double;

1. Each report on results;

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of corporate registry);

1. Article 55 subparag. 10 and Article 44(1) of the Mountainous Districts Management Act; Article 56 main sentence of Article 56 and Articles 55 subparag. 10 and 44(1) of the Mountainous Districts Management Act; Article 56 subparag. 10 of the Mountainous Districts Management Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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