When Defendant 1 fails to pay the above fine, Defendant 1 shall be confined in a workhouse for the period calculated by converting KRW 50,000 into one day.

To order the provisional payment of an amount equivalent to the above fine against Defendant 1.

1. The Defendants’ co-principal

Defendant 3 sold the pine trees in Gyeong-gun 21, Gyeongnam-gun, without the permission of the competent authorities to extract them from Defendant 1, and Defendant 1 conspired to sell them again to Defendant 2 and to extract them.

Defendant 2, without obtaining permission from the competent authorities on September 2009, extracted 9 glue tree 9 glue, among Defendant 3 and Defendant 1’s observation, around 21, 2009.

As a result, Defendants and Defendant 3 conspiredd to cut standing trees without permission.

2. Defendant 2

A. The Defendant did not obtain permission from the competent authority for the diversion of a mountainous district, and from May 2009 to July 20 of the same year, extracted pine trees from 129-2 in the Yellow-gun, Chungcheongnam-do, Yellow-do, and opened an access road using a cutter, etc., and conducted conversion of a mountainous district by damaging forests equivalent to 570 square meters.

B. Around September 2009, the Defendant, without obtaining permission from the competent authorities, extracted pine trees, as described in paragraph (1), from 21 to Yancheon-gun, Gyeongcheon-gun, Chungcheongnam-do, and converted the use of a mountainous district by damaging a forest of a size equivalent to 422 square meters in a manner of cutting off a forest and cutting down a forest. < Amended by Act No. 972, Sep. 1, 2009>

[2010 Highest 196]

Defendant 2: (a) on August 24, 2009, Non-Indicted 4 extracted 40 pine trees from 66, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the neighboring area that did not obtain permission beyond the boundary on September 2009; (b) extracted 8 pine trees from 10,000,000 from 61, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, and extracted forest products without the permission of the competent authority.

1. Each legal statement of the defendant 1 and 2;

1. Defendant 3’s legal statement;

1. Examination protocol of Defendant 1 by the prosecution (including the part concerning Defendant 2’s replacement);

1. Each police statement on Nonindicted 5, 6, 7, and 8

1. The actual condition survey report;

1. Each contract (100 pages, 126 pages of investigation records);

1. Investigation report (28-75 pages for permission to excavate forest products), investigation report (101-102 pages), investigation report (103-104 pages), investigation report (103-104 pages), and investigation report (193-197 pages with respect to the number of trees extracted without permission in the permitted area);

[Defendant 2] Facts No. 1, No. 2-B of the Decision 2010 Man-Ma167

1. Each legal statement of the defendant 2 and 1;

1. Defendant 3’s legal statement;

1. The suspect interrogation protocol against Defendant 2 (including Defendant 1’s substitute part)

1. Some statements made by the police first written statement against the defendant 2;

1. Police suspect interrogation protocol against Defendant 3

1. Each police statement made against the defendant 3, 5, 7, 6, and 8;

1. The actual condition survey report;

1. Each contract (100 pages, 126 pages of investigation records);

1. Investigation report (28-75 pages for permission to excavate forest products), investigation report (101-102 pages), investigation report (103-104 pages), investigation report (103-104 pages), and investigation report (193-197 pages with respect to the number of trees extracted without permission in the permitted area);

【Defendant 2-A of the Decision No. 2010 Highest 167 of the Judgment against Defendant 2】

1. Defendant 2’s legal statement

1. Each police statement made against Nonindicted 1 and 2

1. The actual condition survey report;

1. Investigation report (as a result of the check of the place of permission to excavate trees and the check of the place of permission, it shall be deemed illegal);

[Judgment of the court below]

1. Defendant 2’s legal statement

1. The police statement of Nonindicted 4

1. The actual condition survey report;

1. A report on investigation;

○ Defendant 1: Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act, and Article 30 of the Criminal Act (Selection of Fine)

○ Defendant 2: Article 74(1)3, Article 36(1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act (Selection of Imprisonment), Article 53 Subparag. 1, Article 14(1) of the Management of Mountainous Districts Act (Selection of Imprisonment), Article 74(1)3, and Article 36(1) (Selection of Imprisonment) of the Creation and Management of Forest Resources Act

1. Aggravation for concurrent crimes;

○ Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

○ Defendant 1: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

○ Defendant 1: Article 334(1) of the Criminal Procedure Act

Defendant 2 had been sentenced to imprisonment with prison labor (four times of suspended sentence) or fines for the same kind of crime as above, and repeatedly committed each of the instant crimes. Of each of the instant crimes, Defendant 2 was committed during the suspension period of execution of the judgment of the Daegu District Court sentenced on July 27, 2007, which was rendered on July 27, 2007, and denied the crime regarding the act of excavating unauthorized pine 21, and the amount of damage caused by the act of mining unauthorized pine 21 with respect to each of the instant forests is deemed to be considerable since it is difficult to view that there was no agreement with the owner or any other measure to recover damage. As such, Defendant 2 was sentenced to a sentence of imprisonment with prison labor for Defendant 2.

Provided, That the punishment shall be determined as per the disposition, in consideration of the favorable circumstances, such as the confession of the remaining crimes except for the act of extracting unauthorized pine trees with respect to forest land 21, and the fact that the owner of the forest land in sulfur 126-4 does not want punishment against Defendant 2 with respect to the conversion of forest land.

Judges Cho Jong-soo