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(영문) 창원지방법원 진주지원 2019.10.23 2018고단1218
산림자원의조성및관리에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. On April 28, 2017, Defendant A entered into a sales contract for E and the above mountainous district, the representative of the same clan, in order to conduct solar power generation projects, as actual managers of B, a corporation operating solar power generation projects.

Since then, in order to operate solar power generation projects, the defendant thought to obtain false permission for cutting standing timber, asked E to sign and seal the application for permission for cutting standing timber with false intent, and accepted E.

On August 2, 2017, the Defendant was granted permission for felling trees around August 9, 2017, by submitting to the Hadong-gun Office an application for permission for felling trees, a business plan, and a afforestation plan stating false details as if he/she were to engage in felling trees for the purpose of improving the species of trees, even though the Defendant cutting down pine trees and other active trees in the above mountainous district for operating solar power generation projects.

A person who intends to fell standing timber, extract or gather forest products within a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, and shall not fell standing timber by fraudulent

Nevertheless, the Defendant obtained permission for felling standing timber by filing a false application for permission, etc., and cut standing timber of 2,710 square meters, such as pine trees, from a mountainous district of a sum of 21,339 square meters in Hadong-gun from October 201 to November 201.

As a result, the defendant cut standing timber by obtaining permission for cutting standing timber by fraud or other improper means.

(b) Any person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to classification

Nevertheless, the Defendant obtained permission for mountainous district conversion from Hadong-gun D between October and November 2017.

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