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(영문) 대전지방법원 논산지원 2018.05.18 2017고단685
산지관리법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for two years and by a fine of thirty thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of ten months of imprisonment for fraud in the Daejeon District Court's Support on May 31, 2016, and the judgment became final and conclusive on June 8, 2016, and is currently under suspended sentence.

[2] The criminal facts of Defendant A are those who had been actually operating the K-J and K (hereinafter “the instant forest”) which was established for the purpose of gathering earth and stone in the K-J and K, and Defendant B is those who have been in charge of blasting and collecting earth and stone in the instant forest and field, and Defendant C was in charge of the cutting of earth and stone collected for the purpose of gathering earth and stone in the instant forest and field, and Defendant C was in charge of the cutting of earth and stone collected from Defendant A around April 2015.

1. Joint crimes committed by Defendant A and Defendant B

(a) A person who intends to collect earth or stone in mountainous districts in a forest which is not a state forest in violation of the Management of Mountainous Districts (including cases where such land is processed or taken out outside such mountainous districts) shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by

around September 2012, Defendant A and from June 2013 to August 28, 2014, the Defendants jointly collected earth and stone in the instant forest land of 47,334 square meters, without obtaining permission to collect earth and stone, blasting rocks, and removal them after collecting stone equivalent to KRW 343,579,000 in total of the supply price base.

B. On January 24, 2014, the Defendants issued a permit for the first extension of the period of collecting earth and stone stated in the category of earth and stone at the Gun Office granting authority around January 24, 2014 (a permit for the first extension of the period of collecting earth and stone from the instant forest. Upon the issuance of the permit for the first extension of the first period of collecting earth and stone, the Defendants forged the category of the above permit for the removal of stone, such as stone, clothes, etc. collected from the instant forest as “ordinary soil and stone” with the type of the earth and stone as “the general soil and stone,” and intended to submit it to the P which supplies stone at the O-style construction site.

The Defendants around that time at the N container office located in the forest of this case.

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