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(영문) 창원지방법원 거창지원 2017.12.15 2017고단134
산지관리법위반
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of three million won.

(b).

Reasons

Punishment of the crime

1. Defendant A collected earth and stones without obtaining permission from the competent authorities as follows:

A. From July 2010 to March 2016, the Defendant collected earth and stones by spreading a dump truck with a total of 6,671 square meters of land without obtaining permission to alter the gathering of soil and rocks from the forest located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, which is the competent authority, from around July 2010 to around March 201.

B. From April 2015 to September 2016, the Defendant collected earth and stone by spreading a 24,357 square meters of a total of 24,357 square meters of land by spreading a dump truck, etc., without obtaining permission for the collection of earth and rocks from the forest located in the Gyeongnam-gun, Chungcheongnam-gun, G, and H, which is the competent authority.

2. At the time and place specified in the above 1-A, Defendant B, the actual representative of the Defendant, violated the Mountainous Districts Management Act by collecting earth and stone without obtaining permission to change the gathering of earth and stone as stated in the above 1-A.

3. The Defendant C, at the time and place specified in the above 1-B B, was found to have violated the Mountainous Districts Management Act by collecting earth and stones without obtaining permission to change the gathering of earth and stones as stated in the above 1-B.

Summary of Evidence

1. Defendants’ respective legal statements

1. A survey report on actual conditions of survey, acceptance of a report on change of gathering earth or stone, report on permission for gathering earth or stone, permit for gathering earth or stone, conditions of permission, order for forest conservation, location map and cadastral map of land for which permission for gathering earth or stone has been granted, a full certificate of registered matters, regional

1. Two copies of on-site photographs, and the ledger of each photograph;

1. Application of investigation reports (calculated of recovery expenses for Quarrying, illegal quarrying area, and calculation of Quarrying quantity) Acts and subordinate statutes;

1. Article 54 Subparag. 4 and Article 25(1) of the Management of each Mountainous Districts Act, Defendant B and C: Articles 56, 54 Subparag. 4 and 25 of the Mountainous Districts Act, and Articles 56, 54 Subparag. 4 and 25 of the Mountainous Districts Management Act.

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