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(영문) 창원지방법원 2019.06.12 2018고단3208
산지관리법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Defendant B, a corporation with its head office in Seocho-gu, Changwon-si, and Defendant B is a corporation established for the purpose of real estate development business, etc.

1. Defendant A

(a) A person who intends to collect earth or stone in mountainous districts in a forest which is not a state forest shall obtain permission to collect earth or stone from the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree;

Nevertheless, from March 2018 to May 20 of the same year, the Defendant collected earth and rocks by cutting the volume of 1.5 meters at KRW 1.5 meters without permission for collection of earth and rocks on the land outside 8,682 square meters in Changwon-gu, Changwon-si, Changwon-si, the mountainous district owned by D.

(b) A person who intends to temporarily use forest roads, work roads, forest product transportation roads, mountain trails, forest paths, and other similar mountain paths for the purpose of creating forest roads, such as forest trails, or forest paths, shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu for mountainous district of a forest which is not a state forest;

Nevertheless, around August 30, 2018, the Defendant opened a work to restore the mountainous district to the original state without reporting temporary use thereof, and used mountainous district temporarily, such as dump trucks, to the original state without reporting temporary use thereof.

2. A, the actual representative of Defendant B’s Defendant B, committed the same act of violation as described in the above paragraph 1 in relation to the Defendant’s business at the date and place specified in the above paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of the location map and on-site photograph statutes;

1. Defendant A of the relevant Act on criminal facts: Article 53 subparagraph 3 of the Mountainous Districts Management Act, Article 25 (1) of the same Act, Article 55 subparagraph 2 of the Mountainous Districts Management Act, Article 15-2 (2) 7 of the same Act, and Article 56, Article 53 subparagraph 3 of the Mountainous Districts Management Act, and Article 25 of the same Act.

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