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(영문) 수원지방법원 2014.09.18 2014고단4048
산지관리법위반
Text

Defendant

A shall be punished by a fine of KRW 30 million, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

A above.

Reasons

Punishment of the crime

[The background of criminal conduct] Defendant B Co., Ltd., in which Defendant A is the representative director, obtained four permission to convert the land of 26264m2, which is located in the mountainous district, from the time of harmony to August 201, 201. From August 201, Defendant B Co., Ltd. obtained four permission to divert the land of 9m264m2, which is the mountainous district, as follows. From August 201 to August 9, 2012, the cutting and banking construction work, etc. (hereinafter

Land collection 1D E- 4980 square meters for the purpose of conversion of the area of forest subject to permission number (limited to e.g., chemical C, lot number; hereinafter the same shall apply), 2F GH 4994 square meters away from 1906 cubic meters, 2F GH 4994 square meters away from 1692 cubic meters in office, 3 I JK L L L retail stores of 5889 square meters away from 1692 cubic meters in office, 4 NO P 10401 square meters in cubic meters in 16946.9 cubic meters in 12013 cubic meters in width (the details of criminal conduct) cut 400 square meters in aggregate 9 square meters in 1264 square meters in 9 cubic meters

1. Defendant A

A. The Defendant violated the permission for mountainous district conversion while carrying out the instant construction. ① The Defendant did not separately receive the certificate of permission for mountainous district conversion, and instead changed the form and quality of the instant construction work, as to “Teosung-si E Forest 4,980 square meters,” and ② adjacent to the forest subject to permission as stated in the said Table, the Defendant cut and filled up the instant construction work on “Teosung Q, R, S, T, and U Forest 1565 square meters,” which is not subject to permission for mountainous district conversion.

B. While the Defendant’s violation of the permission to collect earth and rocks was proceeding with the instant construction, the Defendant removed earth and rocks from 9081.1 cubic meters, which are larger than the earth and rocks in 6625.9 cubic meters (the volume of permission to collect earth and rocks No. 1906 cubic meters No. 506 cubic meters) for which the permission was

2. Defendant A, the representative director of Defendant B Co., Ltd., committed the above violation in relation to the business of Defendant A.

Summary of Evidence

1. Defendant A’s legal statement

1. A criminal geographical report, a fact-finding investigation report, and a statement of criticism;

1. Location map, on-site photograph, present status, and nearby cadastral map;

1. Details of each permission for mountainous district conversion;

1. Copy of corporate register;

1. Application of the Acts and subordinate statutes for reporting investigations [Defendant A]

1. Violation of permission for conversion of a relevant Article of criminal facts:

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