A. Defendant A was registered as the representative director of Limited Company B and jointly operated Company B with C.

A person who intends to collect earth or stone in a mountainous district in a forest, other than a state forest, shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall also apply to any revision

On January 20, 2017, the Defendant: (a) obtained permission for the change of gathering earth and stone from the Ysan-si, the competent administrative agency, to deposit recovery expenses from February 20, 2017; (b) but (c) collected fluorous soil and stone using heavy equipment, etc. from January 20, 2017 to February 7, 2017, before deposit of recovery expenses.

Accordingly, the defendant collected earth and rocks in collusion with C without obtaining permission of change from the competent authorities.

B. The Defendant Company B, at the time and place specified in paragraph (1), collected earth and stones without obtaining permission to change the collection of earth and stones from the competent authority, as prescribed in paragraph (1), with respect to the Defendant’s business.

2. Even based on the evidence submitted by the judgment prosecutor, it is difficult to clearly distinguish whether Defendant A collected earth or stone at a place without obtaining permission to change the collection of earth or stone during the period specified in the facts charged or whether the earth or stone already collected at the permitted area was processed or transported.

The evidence produced by the prosecutor alone alone proves that the facts charged are beyond reasonable doubt;

As it is difficult to see the facts charged of this case, each of the Defendants is acquitted under the latter part of Article 325 of the Criminal Procedure Act, since there is no proof of criminal facts.