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(영문) 대전지방법원 천안지원 2017.04.13 2016고단2171
산지관리법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A As the representative director of Defendant B, a person who exercises overall control over the above company's business, and Defendant B is a corporation established for golf course, etc.

When a person intends to divert a mountainous district, he/she shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district

1. On July 2013 to October 2013, Defendant A Company cut 2,266 square meters of Dosan-si D forest and 10 square meters of E forest, and used them as one hole of golf course by planting turf and planting turfs, and when it was controlled by the public official in charge, Defendant B Company restored it to mountainous district by planting trees around March 2014.

A. On October 2014, the Defendant: (a) died of trees planted on the 2,266 square meters of Asan-si, Asan-si, which was restored to a mountainous district; and (b) 10 square meters of E forest; and (c) applied the conversion of mountainous districts to other use under the Mountainous Districts Management Act in a manner that allows golf club users to use it as a golf hall, without obtaining permission for mountainous district conversion from around that time to March 28, 2016; and (d) managed turf planted in the above forest to be used as a golf hall; and (e) managed turf in a manner that allows golf course users to use it for a golf hall once.

B. The Defendant, without obtaining permission to convert mountainous districts around August 2015, converted mountainous districts into mountainous districts in a manner that alters the form and quality of mountainous districts by cutting and banking the ground of 343 square meters of G forest land in Asia-si, Asan-si, and packaging concrete products.

2. Defendant B Co., Ltd. committed the same offense as described in paragraph (1) against Defendant B, the representative director of Defendant B Co., Ltd, at the time and place specified in paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness F;

1. Entry of the witness H's partial statement in the third public trial record;

1. The self-examination protocol (I);

1. A written statement (J, No. 110 pages of investigation records);

1. The investigation report;

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