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(영문) 전주지방법원 2019.05.08 2018고단2195
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district without permission shall determine its use and obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and the same shall also apply to revisions

Nevertheless, for the installation of solar power generation facilities, the Defendant changed its form and quality by embankinging the area of approximately 1,689 square meters in total, such as Jinan-gun G, E, H, I, J, and K, beyond the permitted area and area, from November 2017 to May 201, without obtaining permission for change of the mountainous district conversion, while performing construction in five lots, such as Jinan-gun, J, D, E, E, and F, a quasi-preserved mountainous district, for the installation of solar power generation facilities.

Accordingly, the Defendant diverted approximately KRW 1,689 square meters in total to quasi-preserved mountainous districts.

2. Any person who intends to collect earth or stone in mountainous districts of a forest which is not a state forest without permission shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, and where the quantity of earth or stone incidentally gathered in the course of converting a mountainous district by a person who has obtained permission to divert a mountainous district from a competent administrative agency is at least 50,000 cubic meters, he/she shall obtain permission to collect earth

The Defendant, while serving as a civil engineering director of LA, is a person who has been engaged in construction works for the installation of solar power generation facilities for the area equivalent to 18,621 square meters of forest land in Jinan-gun B and C, a quasi-preserved mountainous district deemed deemed to have obtained permission for development under the name of M et al. and seven persons.

The defendant from February 2018 to the same year.

5. As seen above, earth and sand was collected from the forests and fields deemed to have been granted permission for mountainous district conversion as well as the earth and sand collected from 60,716 cubic meters in proportion to 60,716 cubic meters, without obtaining permission from the competent authorities.

Summary of Evidence

1. The defendant;

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