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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Anyone who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si, etc. to cut standing timber or to mine or gather forest products;
Nevertheless, around October 2017, the Defendant extracted the pine trees planted by the Defendant for the restoration of mountainous districts in Kimcheon-si B forest from the end of Kimcheon-si, without obtaining permission, and made it possible to collect KRW 1,862,00 of the restoration cost.
2. Any person who intends to collect earth or stone in mountainous districts of a forest which is not a state forest violating the Management of Mountainous Districts Act shall obtain permission from the Mayor, etc.
Nevertheless, around October 2017, the Defendant collected the volume of soil and stones from 157 cubic meters by using sckes without obtaining permission to collect earth and stones in the preserved mountainous districts Kimcheon-si, Kimcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report, location map of damaged areas, and map of damaged areas;
1. Application of Acts and subordinate statutes to the investigation report (report on the result of internal investigation);
1. Article 74 (1) 3 and Article 36 (1) of the Act on the Creation and Management of Forest Resources (wholly amended by Act No. 14987, Oct. 31, 2017); Article 53 subparagraph 3 of the Management of Mountainous Districts Act; Article 25 (1) of the Management of Mountainous Districts Act; and selection of each fine for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;