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(영문) 창원지방법원 2014.12.23 2014고정907
산지관리법위반
Text

1. Defendant A shall be punished by a fine of 5,00,000 won, and Defendant B shall be punished by a fine of 4,000,000 won.

2. The defendants are above.

Reasons

Punishment of the crime

1. Defendant A

A. On September 26, 2013, the Defendant did not comply with each of the orders to remove and recover five parcels, 4,368 square meters, D9,106 square meters, both of which were used by the Defendant for the purpose of camping out the shipbuilding equipment, in spite of having been notified of the order to remove and restore the same.

As a result, the Defendant violated the order to remove the facilities or change the form and quality thereof.

B. On July 1, 2012, the Defendant leased the land of 1,200 square meters of E forest, F forest, and 1,300 square meters of F forest to B without reporting temporary use of the land around July 1, 2012 for the purpose of loading shipbuilding equipment.

Accordingly, the defendant was temporarily used without reporting temporary use of mountainous districts.

2. On July 1, 2012, Defendant B loaded shipbuilding equipment on the E forest land of 1,200 square meters and F forest land of 1,300 square meters in Kimhae-si without reporting temporary use of the land around July 1, 2012.

Accordingly, the defendant was temporarily used without reporting temporary use of mountainous districts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to recovery order of each unlawfully converted mountainous district, order for recovery of illegal camping district, confirmation of land use plan, copy of cadastral map, land cadastre, and survey report on actual condition;

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

(a) Defendant A: Article 55 Subparag. 10 of the Mountainous Districts Management Act, Article 44(1) of the same Act, Article 55 Subparag. 2 of the Mountainous Districts Management Act, Article 15-2(2) of the same Act (the occupation of temporarily using a mountainous district reported), and selection of each fine;

(b) Defendant B: Subparagraph 2 of Article 55 and Article 15-2 (2) of the Management of Mountainous Districts Act;

2. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

4. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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