logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.09.24 2014고단3755
산림자원의조성및관리에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of construction business, etc., and Defendant A is the site director of the above company.

1. Violation of the Creation and Management of Forest Resources Act;

(a) A person who intends to fell standing timber in a defendant A forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office;

Nevertheless, around March 22, 2014, the Defendant cut down trees without obtaining permission for diversh trees, etc. on the main divers of this water, which are located within 4,599m2 of the forest land C in Sungsung-si.

B. Defendant B Co., Ltd. with respect to the Defendant’s business

As in the same paragraph, the felling of standing timber was conducted without obtaining permission from the competent authorities.

2. Violation of Mountainous Districts Management Act;

(a) A person who intends to temporarily use a mountainous district for a defendant's work shall report to the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not report to the competent authorities on March 25, 2014, and temporarily used the land by creating 437m2 of C forest land and 437m2 of factory site construction work.

B. Defendant B Co., Ltd. with respect to the Defendant’s business

As stated in paragraph (1), temporary use was made without reporting to the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement by the prosecution concerning D;

1. A survey report on actual conditions, a location map, field photograph, a criminal investigation report on violation of the Mountainous Districts Management Act, the current status of illegal deforestation of a mountainous district, each council of conversion of a mountainous district, aerial photography, land registers, and certified

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Defendant A: Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act, subparagraph 2 of Article 55 and Article 15-2(2)7 of the Management of Mountainous Districts Act (temporary use of mountainous districts without reporting), Defendant B corporation: Articles 78 and 74(1) of the Creation and Management of Forest Resources Act.

arrow