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(영문) 광주지방법원 해남지원 2015.09.17 2015고단265
산지관리법위반등
Text

Defendant

A Imprisonment of one year and six months, and the defendant limited liability company B shall be punished by a fine of 10,000,000 won.

, however, the defendant.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of (oil) B established for the purpose of selling and wholesale aggregate in Jeonnam-gunD.

On February 22, 2013, the Defendant submitted a written permission for the collection of earth and rocks to the forest greenbelts in the name of the Maritime Affairs Office in order to collect the “soil and sand” of 16,000 square meters among 28,098 square meters of forests and fields E, Nam-gun, Namnam-gun, and the same year.

3.6. Of the above F. F. 1,098 square meters, 210 square meters and 560 square meters among G. G. 1,395 square meters and 4,842 square meters among three lots, including 1,395 square meters and H4,072 square meters, were able to collect soil and sand (excluding rocks for construction, craft, landscaping, fine aggregate, and civil engineering purposes, among soil and stone within mountainous districts) from the 16,00 square meters in the above E-16,00 square meters by submitting an application for temporary use of farmland for other purposes and an application for permission for development activities under the National Land Planning and Utilization Act to the Maritime Affairs and Utilization Act with the civil petition of the Maritime Affairs and Utilization Act.

On the other hand, the Defendant was notified of the fact that, around January 2013, the area of the site acquired from I (16,000 square meters) in the process of acquiring the said permitted site and the site area for the entrance road and the office use is not sufficient to collect building stones (50,000 square meters or more as rocks to be used for construction, craft, fine aggregate, or civil works among the earth and stones in the mountainous district) under the Management of Mountainous Districts Act. The Defendant was also notified of the fact that the type of building stones (it is possible to apply for permission) under the Management of Mountainous Districts Act is not to be collected. The Defendant was also notified of the fact that he received the above fact and prepared and submitted an application for permission to collect earth and sand and the business plan attached thereto. Therefore, the Defendant submitted the application to the Maritime Affairs Office by the Defendant alone.

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