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(영문) 수원지방법원 2017.09.21 2017고단1057
산지관리법위반
Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by a fine of seven thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

The defendant is the actual representative of the B Co., Ltd. which has obtained permission to collect earth and stones for E and seven parcels of forest land, and the person who exercises overall control over the field management, etc. of the above forest land.

1. Defendant A

(a) A person who intends to collect earth or stone in mountainous districts in violation of the Management of Mountainous Districts due to the collection of earth or stone without permission shall obtain permission from the Mayor, etc., as prescribed by Presidential Decree

Nevertheless, the Defendant, from February 2016 to October 20 of the same year, committed an act of gathering earth and rocks in E and seven lots of forest land outside of e in e, from the viewpoint of the same year from the point of view of bordering the boundary, and collected approximately 52,049.6 cubic meters of earth and rocks in the way of drilling off the rocks from approximately 5,776 square meters of land adjacent to the above forest land in e, in the e, in the case of harmony, and blasting them by putting them into a ceiling, and transporting them by using a cuter.

(b) A person who intends to temporarily use a mountainous district in violation of management due to the temporary use of a mountainous district reported without report shall report thereon to the Mayor;

Nevertheless, from February 2016 to October 201 of the same year, the Defendant did not report to the 1,471m2 in the lusium F f 1,471m2 in the lusium and used the earth and rocks collected as described in the above paragraph 1 at once.

2. A, a representative of the Defendant B Co., Ltd., collected earth and stones on approximately 5,776 m2, E, and approximately 5,776 m2, e, and 6 m3,000 m2 without obtaining permission to collect earth and stones as stated in the above paragraph 1, and used them temporarily without filing a report on temporary use.

Summary of Evidence

1. Defendants’ respective legal statements

1. A survey report, a location map, on-site photographs, the current status map, and aerial photography;

1. A permit for gathering earth or stone and a permit for gathering earth or stone;

1. Reporting on the calculation of forest recovery expenses;

1. A certified copy of corporate registry;

1. Notification of administrative recovery orders and application of Acts and subordinate statutes to the implementation thereof;

1. Article 53 subparagraph 3 of the Mountainous Districts Management Act and Article 25 (1) of the Mountainous Districts Management Act (the point of collecting earth and stone without permission).

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