logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.10.17 2018고단727
산지관리법위반
Text

1. Defendant A shall be punished by imprisonment for a period of ten months and by a fine of ten thousand won.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of the housing construction project, etc. on the D 2th floor at Jeju, and the defendant A is the actual operator (representative) of the above B Co., Ltd.

1. A person who intends to divert a mountainous district, other than a preserved mountainous district under subparagraph A, shall obtain permission from the head of a forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, on August 2016, the Defendant, without obtaining permission from the competent authority, removed swimming pool, etc. that grow in the above forest by using two cream equipment in the E, F Forest (each quasi-preserved mountainous district), and cut the slope and laid down the lower ground (130cm) at the beginning of September 2016, the Defendant used the 3,240 square meters of water in the above forest, and converted the use of mountainous district to cover approximately KRW 16,943,00,00 for restoration expenses from the forest of the area equivalent to 3,240 square meters prior to the container, such as spraying aggregate and spraying aggregate in the area equivalent to 3,240 square meters prior to the container and packing cement.

2. Defendant B Co., Ltd. committed the same offense as that set forth in paragraph (1) at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A survey report on actual conditions;

1. An application for permission to divert a mountainous district;

1. Location map and on-site map;

1. A detailed statement for calculating degree of forest damage area and amount of damage;

1. Registers of each land and written confirmation of each land use plan;

1. A full certificate of matters registered;

1. Application of field photographs, past satellite photographs, and past field photographs statutes;

1. Article 53 Subparag. 1 of the Mountainous Districts Management Act and the main sentence of Article 14(1) of the same Act (excluding mountainous districts other than preserved mountainous districts): The Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017. The instant crime was committed by the former Act, or the statutory penalty of the new Act is more than the statutory penalty of the former Act, and thus, the new Act is applied in accordance with Article 1(2) of the Criminal Act.

arrow