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(영문) 광주지방법원 순천지원 2016.08.08 2016고정273
산지관리법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to change permitted matters concerning the diversion of a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district

Nevertheless, on October 5, 2009, the Defendant, in collusion with B, obtained permission to cut and embling the forest land of 18,555 square meters in Gwangjuyang-si and D at 21,509,000 cubic meters, and without permission to alter the said forest land from October 5, 2009 to December 8, 2015, 29,48 cubic meters without permission.

2. Where permission to engage in development activities in violation of the National Land Utilization and Planning Act is modified, permission to engage in such activities shall be obtained from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Special Self-Governing Province Mayors

Nevertheless, the Defendant engaged in development activities, such as cutting the ground without permission as described in paragraph (1), in collusion with B, and changing the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police for E;

1. A written statement;

1. Investigation report (to listen to the statement by the telephone of a public official of the office in light of language);

1. Application of soilmarks, photographs, and Acts and subordinate statutes;

1. Article 54 subparagraph 1 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, Article 30 of the Criminal Act (the diversion of a mountainous district without permission), Article 140 subparagraph 1, Article 56 (1) and (2) of the National Land Planning and Utilization Act, Article 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fine for punishment (the amount of fine shall be determined, as it is, as considering the fact that the accused has past records of being sentenced to two times a fine due to a violation of the Management of Mountainous Districts Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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