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(영문) 수원지방법원 여주지원 2019.10.23 2019고단662
산지관리법위반등
Text

Defendant

A shall be punished by a fine of KRW 5 million for six months, and Defendant B and Defendant C.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission for development activities from the competent authority;

Nevertheless, on March 2018, the Defendant performed development activities by arbitrarily piling up items, such as reinforced soil and construction materials, for at least one month, without obtaining permission, on the Gyeonggi-gu Do Forest Land (Quasi-Preservation Mountainous Districts) 452 square meters, which is a planned control area for patrol officers.

(b) No person who violates the Mountainous Districts Management Act or the National Land Planning and Utilization Act shall convert a mountainous district without obtaining permission from the competent authority, such as the Minister of the Korea Forest Service, and no person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent

Nevertheless, on March 2018, the Defendant engaged in development activities by converting the same mountainous district into the cutting and banking of at least 20 meters in a size of 5,222 square meters among the above G, H, I, J, K, and K forest totaling 138,022 square meters in total, which are preserved mountainous districts in Gyeonggi-gu E, F, and quasi-Preservation mountainous districts, which are preserved mountainous districts in the middle of the police.

(c) A person who intends to cut standing trees or extract or gather forest products in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

Nevertheless, on March 2018, the Defendant cut 177 weeks, such as standard trees, etc., which were planted on a 1,453 square meters in total of 10,483 square meters of Gyeonggi-gun E, L, G, and M forest, without permission of the competent authority.

2. Defendant B, a representative director of the Defendant, committed the same offense as the Defendant’s business set forth in paragraph (1).

3. The Defendant Co., Ltd. committed the same offense as the Defendant’s internal director A with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. N.O. Each.

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