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(영문) 대구지방법원 경주지원 2015.04.29 2015고단157
산림자원의조성및관리에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000 and by a fine of KRW 8,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of collecting earth and rocks, and Defendant A is a person in charge of field management as the head of the field office of collecting earth and rocks, which is operated with permission for development activities for the purpose of collecting earth and rocks from the racing market on July 2, 2013, which is the general industrial area and natural green area of the above B.

1. Defendant A

(a) Anyone who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, on February 2014, the Defendant cut standing timber of 2,00 square meters out of the area subject to development activities in the course of preparing for gathering earth and rocks, without permission.

(b) Any person who intends to engage in development activities, such as installation of any structure or alteration to the form and quality of land, shall obtain permission for development activities from the competent authority;

Nevertheless, the Defendant, on June 2014, performed development activities, such as changing the form and quality of soil and sand generated in the process of collecting soil and rocks by installing a aggregate separation machine, which is a structure, without any separate development act permission, on the land 23,269 square meters listed in the attached table (1) outside the permission area for development activities.

(c) Any person who violates the Public Waters Management and Reclamation Act shall obtain permission for occupation and use of public waters from the competent authority to engage in an act affecting the depth of public waters, such as dumping of earth and rocks on public waters;

Nevertheless, around June 2014, the Defendant: (a) stored a ditch in attached Form 1,476 square meters outside the permission area for development activities; (b) stored earth and sand generated in the course of collecting earth and stone without permission for occupation and use of public waters; and (c) performed an act that affects the depth of public waters.

2. Defendant B, an employee of Defendant B, committed each act of violation as described in paragraph (1) with respect to the business.

Summary of Evidence

1. Defendants’ respective legal statements 1.

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