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(영문) 춘천지방법원 강릉지원 2015.11.27 2015고단1073
산지관리법위반
Text

Defendant

A Imprisonment with prison labor for two years and for three years, respectively.

, however, from the date of this judgment, the defendant.

Reasons

Punishment of the crime

Defendant

A was included in the project site of the F development project promoted by the Gangnam-si and 2 parcels outside the E in the city owned by Defendant A. A, around April 14, 2008, an application was filed for the exchange with G site in the Gangseo-si owned by a majority of the Gyeonggang-si with a high chilling and chilling trees as a preserved mountainous district. Accordingly, in the Gangseo-si, the said G site owned by Gangnam-si was appraised at KRW 165,374,00, and the said land was appraised at KRW 141,791,350, and the said land owned by Defendant A was appraised at KRW 141,791,350, and entered into an exchange contract on June 19, 2009, on condition that Defendant A would pay the difference.

On January 14, 2010, Defendants applied for permission to collect earth and stones on 12,110 square meters, which is part of the above G, and obtained permission to collect earth and stones on January 21, 2010.

1. Defendant B, as a co-offender of the Defendants’ co-principal activities, was aware of the fact that pine trees of 20,500 square meters in Gangseo-si G are in possession of profits from extracting and selling pine trees, and that the receipt of pine trees of 20,500 square meters in Gangseo-si G is equivalent to the value of landscape trees in a preserved mountainous district for at least 50 years, and thus, it would be possible to acquire large profits from the sale of such pine trees. From January 2010, Defendant B intended to sell the said pine trees to I. However, in order to extract pine trees on the said G’s ground, Defendant B did not need to obtain permission under the Creation and Management of Forest Resources Act for the purpose of growing ornamental trees.

Defendant

B around May 2010, Defendant A, the owner of the above site, proposed that “The procedural problems concerning the extraction and removal of pine trees, like pine trees on the ground of the above G earth and stones zone, are sold to B, who is another area within G, and Defendant A received the above proposal.”

A person who intends to convert a mountainous district shall obtain a report thereon from the Administrator of the Korea Forest Service, specifying its use, and shall make a false report.

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