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(영문) 전주지방법원군산지원 2020.11.25 2020고단1040
산지관리법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

C The farming association corporation is a corporation that is exempted from tax imposed by D clans and E clans, and Defendant A was the representative director of the corporation from July 2015 to the end of July 2016, and Defendant B is the representative director of the corporation from November 2019 to the end of November.

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

1. Defendant A, without permission from the competent authority from February 2016 to March 2016, 2016, used large trees, miscellaneous trees, miscellaneous trees, etc. as a farming road and a dyp field for the use of mountainous district by cutting off and cutting off them from F. 2,038 square meters (2,038.5 square meters) and G (1,139.5 square meters) owned by the said corporation, which is a mountainous district, other than a preserved mountainous district.

2. Defendant B without permission from the competent authority on March 4, 2020

3. By the end of 18.18. Mountainous district, a mountainous district owned by the foregoing corporation, other than a preserved mountainous district, converted the form and quality of the mountainous district by cutting down trees, etc. using one cream and two dump trucks owned by the said corporation, which are located in H, I, J, and K (12,60 square meters), cutting earth and cutting soil into the vicinity of the surrounding area, and changing it into the form and quality of the mountainous district.

3. The Defendant C, the representative director of the Defendant’s business, committed the above-mentioned violation.

Summary of Evidence

1. The defendants' partial statement of the witness L in the court

1. Statement of the police concerning L;

1. The application of Acts and subordinate statutes, including each accusation letter, field photograph, satellite photograph, business registration certificate, corporate body copy, and related official text [the defendants do not accept the assertion that considerable parts of the forest of this case were already used as dry field, etc., and the actual exclusive area was different from the facts. However, in full view of each evidence in the judgment, the defendants can sufficiently recognize the facts of converting the forest of this case into a mountainous district, such as wood and banking, without undergoing lawful permission procedures by the competent authorities, and therefore, it is not possible to accept the assertion that

1. Criminal facts;

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