However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

On May 7, 2019, the Defendant obtained permission to engage in the gathering of soil and stones equivalent to 48,239 cubic meters from the Cheongsan-si, C (P), and D (hereinafter referred to as “instant site”) on the following grounds: (a) the Defendant obtained permission to engage in the gathering of soil and stones equivalent to 48,239 cubic meters.

1. Violation of the National Land Planning and Utilization Act;

(a) Any person who modifies matters permitted for development activities (including permission for gathering earth and stones), shall obtain permission from the competent authority;

Nevertheless, from May 2019 to April 2020, the Defendant collected earth and stone without permission by using the refratator, etc. in the instant site from the competent authorities without obtaining permission from the competent authorities, and collecting earth and stone without permission by additionally collecting them from 43,198 cubic meters (total extraction volume: 91,437 cubic meters).

B. On March 26, 2020, the Defendant issued an order to reinstate the part of collecting earth and rocks, which was not permitted under the above paragraph (a) from the viewing of the National Assembly on March 26, 2020, by April 8, 2020, but failed to comply with such order.

2. A person who intends to collect earth or stone in mountainous districts within a forest which is not a state forest shall obtain permission from the competent authority for collecting earth or stone, as prescribed by Presidential Decree;

Nevertheless, from May 2019 to April 2020, the Defendant collected earth and stones equivalent to 84,937 cubic meters from B (D) in Seosan City without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. On-site photographs of a copy of the accusation letter issued by the head of debate city;

1. Application of Acts and subordinate statutes governing final reinstatement order based on the permission for development activities on a survey ground plan among related data (in numerical calculation and drawings), among construction works;

1. Article 140 Subparag. 1, Article 56(2) of the National Land Planning and Utilization Act (unauthorized development acts), Articles 142, 133(1) (a) of the National Land Planning and Utilization Act, and Articles 53 Subparag. 3, and 25(1) of the Mountainous Districts Management Act concerning criminal facts.