However, it is against the Defendants for one year from the date this judgment became final and conclusive.

Defendant

B is the owner of the land in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant land”), and Defendant A is the manager who entered into a management contract for the said land with Defendant B.

In order to change the form and quality of land and collect soil and rocks within an area subject to permission, anyone shall obtain permission from the competent authority, and where he/she changes the form and quality of land and collects soil and rocks within an area subject to permission, he/she shall obtain permission from the competent authority.

Nevertheless, the Defendants, without obtaining permission from the competent authority between April 2018 and July 201, collected earth and rocks by using one scke, one scke, and one dump truck in the instant land (area: approximately 5,167 square meters) located in the urban natural park, and cut the slope and cut down the slope, etc.

As a result, the Defendants conspired to change the form and quality of land and collect soil and rocks within the permitted area, and at the same time, they changed the form and quality of land and collect soil and rocks within the urban natural park.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A written accusation;

1. According to each of the above evidence, the defendants' act of gathering earth and stones, such as gathering earth and sand, cutting earth and sand and cutting stone on land, can be acknowledged without the permission of the pertinent authorities.

The Defendants and the defense counsel asserted to the effect that “the act of collecting earth and rocks” among the acts committed by the Defendants refers to the act of removing earth and rocks. However, inasmuch as the Defendants engaged in the act of cutting earth and sand and cutting away stones on land, it is reasonable to judge that such act constitutes an act of collecting earth and rocks. As alleged by the Defendants, “the act of collecting earth and rocks” is the act of collecting earth and rocks.