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(영문) 의정부지방법원 2017.02.22 2016고단2072
산지관리법위반등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

"2016 Highest 2072"

1. A person who intends to collect earth or stone in mountainous districts of a forest which is not a defendant A, shall obtain permission to collect earth or stone, as prescribed by Presidential Decree;

On June 30, 2011, the Defendant continued to collect earth and stones equivalent to approximately KRW 5,035 square meters from the above forest land from April 10, 2015 to October 19, 2015 without obtaining permission, even though the period of permission for gathering earth and stones has expired in 8,875 square meters in Sincheon-si, Sincheon-si.

2. The Defendant, a representative director of the Defendant, committed a violation of the Mountainous Districts Management Act with respect to the Defendant’s business, as described in paragraph (1).

Defendant A: (a) around September 2015, at the G Myeon Office located in Macheon-si, Macheon-si, Macheon-si, applied for the certification of qualification to acquire farmland in the name of Macheon-si, Macheon-si, and (b) had prepared an I written application for certification of qualification to acquire farmland in the name of Macheon-si, and submitted it to G Myeon Office to obtain a certificate of qualification to obtain a certificate of qualification to acquire farmland; and (c) written application for certification of qualification to obtain farmland in the above part of “(i) the acquisition of the acquisition of the farmland and (iii) the acquisition of the farmland in the “Wem-si experience” column; and (d) voluntarily signed the “I” column for the acquisitor of farmland (applicant).

However, at the time, I did not consent to prepare an application for certification of farmland acquisition in the name of I on behalf of the defendant, and there was no fact that the defendant has delegated the affairs related to the application for certification of farmland acquisition or the acquisition of farmland to the defendant.

Accordingly, for the purpose of uttering, the Defendant forged an application form for certification of farmland acquisition in the name of I, a private document concerning rights and duties, and submitted a forged application form to J, an employee of the above Myeon Office, who is aware of the fact on the same day, as if the application form for certification of farmland acquisition was duly prepared.

Summary of Evidence

"2016 Highest 2072"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. The investigation report (the stock company);

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