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(영문) 대전지방법원 천안지원 2015.09.09 2014고합275
산지관리법위반등
Text

Defendant

A shall be punished by a fine of KRW 15,000,000, and by a fine of KRW 10,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district under defendant A shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts specified by Presidential Decree, and a person who intends to fell standing timber in a forest shall obtain permission from the head of a Si/Gun

The defendant from March 21, 2014 to the same year.

4. By up to 14.14. As a combined forest with a forest of 7,724 square meters in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and a forest of 403 square meters in K, a forest of 29 square meters in L, and a forest of 104 square meters in the same Gu, a factory site was constructed using a digging hole, and a plant site was cut out by cutting out standing timber of 752 square meters in total amounting to 1,707,000 won in the market value, without permission for conversion of a mountainous district and cut standing timber without permission from the head of a Si/Gun/Gu

2. Defendant B, a Defendant’s employee, committed the same offense as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the effect that the Defendants were engaged in conversion of a mountainous district and cutting of standing timber at the time and place in each court statement made by N andO;

1. Application of Acts and subordinate statutes to the actual condition survey report, a location map, a cadastral map, a register of land (forest), a certificate of land use plan, a survey report on damage from illegal mountainous districts, a statement of calculation of standing timber, a statement of calculation of the amount of damage from mountainous districts, a statement of soil volume, a forest survey report (209), an average slope survey report, a public notice of the standard amount of time for other objects, a statement of public notice of expenses for recovery of mountainous districts, a statement of the status of illegal mountainous district,

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14(1) of the same Act, Article 74(1)3 of the Creation and Management of Forest Resources Act, and Article 36(1) of the same Act;

B. Defendant B: Articles 56, 53 subparag. 1, and 14 of the Management of Mountainous Districts Act.

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