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(영문) 창원지방법원 마산지원 2018.04.13 2018고정70
산지관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who serves as a manager at the construction site of factories owned by B, a corporation under the Decree of substantial representative interest C of the corporation B.

A person who intends to divert a mountainous district shall obtain permission to change the use of such mountainous district according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, etc.

Nevertheless, on September 2017, the Defendant changed the form and quality of 15,564,00 square meters in the same mountainous district in order to cut 80 square meters of forest trees planted in forest land by using excavation equipment in Do, E, and F, Do-gun, a mountain village adjacent to the above construction site without obtaining permission from the head of the forest office, etc., and to fill up the 15,64,000 square meters of forest land in a manner of flating the 80 square meters of forest land, after cutting down the tree roots and conducting flating work.

Accordingly, the defendant diverted mountainous districts without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Documents and business trips for permission to divert the mountainous district;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 54 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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