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(영문) 춘천지방법원 영월지원 2015.01.16 2014고단453
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2013, the Defendant violated the Creation and Management of Forest Resources Act, cut standing timber equivalent to 3.8 cubic meters in total on the register, including 7 parts and 3 parts of active leaves, etc., from state forests located in Gangwon-gun, Gangwon-gun, Gangwon-do, which were located in the Hawon-gun, without permission of the Haak-gun

2. On December 2, 2013, the Defendant violated the Mountainous Districts Management Act (hereinafter “Mountainous Districts Management Act”), by maintaining a path on a 178 square meter in an existing mountain-shaped road, which is no longer accessible to vehicles in state forests located in Gangwon-gun, Gangwon-gun, and by converting the use of a mountainous district without obtaining permission for conversion of a mountainous district.

3. No farmland violating the Farmland Act shall be owned by any person other than those who are used or used for his own agricultural management.

Notwithstanding that the Defendant was awarded a successful bid of 2,317 square meters prior to Gangnam-gun D and was planned to acquire gains from resale by selling them to a third party after completing the registration of ownership transfer in the name of the Defendant, the Defendant, on January 10, 2014, submitted an application for the qualification certificate for acquisition of farmland attached with an agricultural management plan as if the Defendant directly carried out the said land, and received the qualification certificate on January 13, 2014.

As a result, the Defendant was issued a false qualification certificate for acquisition of farmland for the purpose of owning farmland in violation of the restriction on farmland ownership.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the Acts and subordinate statutes to the practical survey report, photographs, certified copy of register, and qualification certificate for acquisition of farmland;

1. Article 74 (1) 3, Article 36 (1) of the Act on the Creation and Management of Relevant Laws and Forest Resources for the Fact-finding, and Article 74 (1) 1, Article 53 subparagraph 1, Article 14 (1) of the Management of Mountainous Districts Act, Article 59 subparagraph 1, and Article 6 (1) of the Farmland Act, and Article 6 (1) of the same Act, and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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