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(영문) 춘천지방법원 2012.12.13 2012고단155
산지관리법위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

[Judgment of the court below] On May 20, 201, Defendant B, who owned Gangwon E, F land with G, H, and I, requested the Defendant to dispose of the said land at the K's office located in the Gangwon J, and agreed that the expenses shall be paid half of the natural stone collected from the said land.

【Criminal Facts】

1. The Defendants’ co-principal

(a) Any person violating the National Land Planning and Utilization Act shall obtain prior permission from the competent authority to engage in development activities for collecting earth and rocks in a planned control area;

Nevertheless, from May 23, 201 to May 29, 201, Defendant A, without obtaining permission, collected 400 tons of natural rocks from the land of Gangwon E and F, which is a planned control area, pursuant to the above agreement with Defendant B, using a digging machine, in accordance with the foregoing agreement with Defendant B.

As a result, the Defendants conspired to engage in development activities to gather earth and rocks in the planned management area without obtaining permission.

(b) Any person who violates the Management of Mountainous Districts Act shall, for the purposes of converting a mountainous district, obtain prior permission from the competent authority for the designation of purposes thereof, and shall not collect rocks in the original state without artificially cutting or crushing them in a mountainous district;

Nevertheless, from May 23, 201 to June 7, 2011, Defendant A, without obtaining permission, engaged in an act of changing the form and quality of cutting, suspension, etc. using a digging hole on the land above 1,702 square meters in a mountainous district, pursuant to the above agreement with Defendant B, and collected 400t natural rocks.

As a result, the Defendants conspired to convert mountainous districts into mountainous districts without obtaining permission, and collected rocks in the original state of mountainous districts.

2. No person who uses construction machinery whose registration has been cancelled, or operates construction machinery without obtaining a construction machinery operator's license;

Nevertheless, the Defendant’s land from May 23, 201 to June 7, 201.

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