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(영문) 수원지방법원 여주지원 2018.11.14 2018고정458
산지관리법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 6,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant B

(a) Any person who violates the provisions of the Mountainous Districts Management Act and National Land Planning and Utilization Act shall obtain permission for the diversion of a mountainous district according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree and the classification of the types, areas, etc. of such mountainous districts, and any person who intends to change the form and quality of land, such as changing the form of land through cutting, etc., shall obtain permission for development from

Nevertheless, on August 20, 2017, from around August 27, 2017 to August 27, 2017, the Defendant cut 157 square meters of the total size of 2,994 square meters of the above forest, without obtaining permission from the competent authorities for conversion of mountainous districts and permission for development of mountainous districts from the Gyeonggi-si D and E forest totaling 122,462 square meters, and cut the relevant land without permission, cut the relevant land into a size of 2,994 square meters, and cut the relevant land, cut the relevant land into a mountainous district, cut the access road, and change the form

(b) Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the competent authority, such as the Special Self-Governing City Mayor, as prescribed by Ordinance of the Ministry of Environment, for felling standing timber in a forest;

Nevertheless, the defendant cut 157 glus without permission of the competent authorities at the time and place mentioned in the above paragraph (a).

2. Defendant A, who is an employee of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. 18 copies of a non-violationed field photograph (net 5);

1. Two parts of the old map (one-time nine);

1. On-site photographs (netly 25);

1. Application of each statute on a written accusation;

1. Defendant B of the relevant Act on the facts constituting the crime: Article 53 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act (the point of exclusive use of a mountainous district without permission), Article 140 Subparag. 1 and Article 56(1)2 (the point of unauthorized Development) of the National Land Planning and Utilization Act, and forest resources.

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