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(영문) 제주지방법원 2015.11.04 2015고단1016
산림자원의조성및관리에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of B in Seopopo City D, and the defendant B is a corporation established for the purpose of collecting aggregate and selling aggregate.

1. A person who intends to cut standing timber in a forest shall obtain permission from the competent authority;

Nevertheless, on December 19, 201, from around January 15, 201 to January 15, 2012, the Defendant extracted approximately KRW 614 of active trees, such as wedding trees, etc., that were born at the same place by using a soft machine for the purpose of collecting aggregate without obtaining permission for cutting standing trees from the Sinpo City, the competent authority, from the Sinpo City, to the Sinpo City, and cut standing trees to the extent that the amount equivalent to KRW 22,69,580 is 22,69,580.

2. Defendant B, who is an employee of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Documents of accusation, F’s statement, forest survey documents ( April 2, 2010), forest survey documents ( January 28, 2015), damaged district survey maps, or evidence and gathering permission for soil and rocks ( May 3, 201);

1. Investigation report (on-site verification), on-site photographs;

1. Copy of corporate register;

1. Ordering the unauthorized extraction area to restore;

1. A photographer map of standing timber in the first damaged area;

1. Protocol of the police statement concerning G;

1. Forestry register;

1. A report on investigation (verification of a place), and on-site photographs;

1. Report on investigation (examination of a forest survey report), investigation report (mining quantity, species, and examination of crimes);

1. Investigation reports (the counter party to the public official in charge, the confirmation report on the number of standing timber to damaged areas, and the level of reinstatement), and application of statutes of the actual survey report;

1. Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act; Defendant A, who has the choice of criminal facts and punishment: Articles 78, 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act;

1. Suspension of execution (Defendant A): Article 62 (1) of the Criminal Act;

1. The order of provisional payment (Defendant B).

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