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(영문) 광주지방법원 2017.08.31 2016고단2961
산지관리법위반
Text

Defendant

A The fine of KRW 5 million shall be sentenced to 10 months, Defendant B's imprisonment, and Defendant C's fine of KRW 10 million.

Reasons

Criminal facts

Defendant

The Dispute Resolution Co., Ltd is a corporation established for the purpose of the production, sale, etc. of aggregate and construction materials, and Defendant A is a director of the Dispute Resolution Co., Ltd., which is in progress in the construction work of the crushing and the field building site in the F and five lots, and Defendant B is a representative director of the Dispute Resolution Co., Ltd.

[2016 Highest 2961]

1. The defendant A or B shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu to collect earth or stone in mountainous districts of forests, other than state forests, as prescribed by Presidential Decree;

The Defendants conspired to obtain permission from March 2015 to September 201, and collected the 21,108 cubic metres from 12,949 square meters in mountainous districts of Naju F and G in total, the sum of which is 12,949 square meters.

2. Defendant B, the representative director of Defendant C Co., Ltd., and Defendant A, a director of the company, committed the above violation in relation to the business affairs of Defendant A Co., Ltd at the date and place specified in paragraph 1.

[2017 Highest 433] The Dispute Resolution Co., Ltd. obtained permission for development from around September 2013 to H and six parcels, and entered into a construction project for building a site for crushing.

3. Where a person who has obtained the permission on the use of powders B intends to use the powders for any purpose other than the permitted purpose, he shall obtain the permission again.

The Defendant, around September 2014, specified the place to be used in the construction project as H and five lots, a construction site, and obtained permission to use explosives from the head of the competent police station, while specifying the purpose of use as the creation of a site for the open-end site (defluence removal) and obtained permission to use explosives from the head of the competent police station.

The Defendant used powders more than 20 times from March 2015 to September 2015 for the purpose other than the permitted purpose, not for use in F, G, etc., but for collecting and flatizing rock.

4. The defendant B, who is the representative director of the Co., Ltd. Co., Ltd. in charge of the merger and purchase of defendant B shall be described in paragraph 3.

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