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(영문) 의정부지방법원 2013.10.31 2013고정2201
산지관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types and areas of mountainous districts prescribed by Presidential Decree.

Nevertheless, the Defendant, as of December 8, 201, committed a forest damage of KRW 10,50,90,000 by breaking the forest area into the area of KRW 2,920 square meters adjacent to the permission site on September 2012, while carrying out a project after obtaining permission (consultation) for conversion of the area of 5,843 square meters for the purpose of factory establishment with respect to the land outside the Kuwon-gun, Jeonwon-gun, and one other.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of special judicial police officer;

1. Application of Acts and subordinate statutes to practical survey reports and related documents for permission for mountainous district conversion;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

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

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