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(영문) 의정부지방법원 2014.02.13 2014고정53
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is an engineering work businessman, and B is the actual operator of “D” located in the wife population C at the time of acceptance.

B During the construction of a new factory at the above D location, at the time of construction, the construction business operator discarded acid in excess of the permitted site and ordered the Defendant to perform the construction work in accordance with the restoration order under the order of permission from the viewing.

Around March 12, 2013, the Defendant cut a mountainous district of 5,077 square meters located in Gin-si, Young-si without obtaining permission from the competent authority, thereby unlawfully diverting a mountainous district and changing the form and quality of land that is not subject to development activities from the competent authority.

As a result, the defendant, in collusion with B, diverted mountainous districts without permission of the competent authorities, and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written accusation and a written accusation;

1. A copy of a restoration order, a written contract for supervising mountainous district restoration works, and a restoration plan map;

1. Application of the Acts and subordinate statutes to photographs taken at the control site, photographs taken before restoration, and photographs after restoration;

1. Article 53 subparagraph 1 of the relevant Article of the Management of Mountainous Districts Act, the main sentence of Article 14 (1), Article 30 of the Criminal Act, subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act, Article 30 of the Criminal Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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