산지관리법위반
The prosecutor's appeal is dismissed.
1. The summary of the facts charged in the instant case is a person who obtained permission to convert the mountainous district of the competent authority with respect to the area equivalent to the size of the area of the 1,2, and 19,586 square meters of the instant land under the name of E and the Defendant’s management, under the name of the FF Co., Ltd. in the name of E and the Defendant’s management, under the name of creating a new site for the scrapping track and the parking track (F parking lot) around December 2, 2012 and around July 2013.
A person who intends to collect earth or stone in a mountainous district of 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 to collect earth or stone, and where the volume of earth or stone incidentally gathered in the course of converting a mountainous district into a mountainous district is at least 50,000 cubic meters, he/she shall obtain permission to extract earth or stone separately from the competent administrative agency
Nevertheless, from June 2013 to February 2014, the Defendant collected the amount equivalent to 112,521 cubic meters of soil and stone (hereinafter “the instant earth and stone”) from the instant land Nos. 1 and 2 without obtaining permission from the competent authorities for collecting earth and stone.
2. A person who intends to collect earth or stone from a summary of grounds for appeal shall obtain permission for collection of earth or stone;
However, in cases where a person who has obtained permission to divert a mountainous district collects earth or stone incidentally gathered in the course of converting the mountainous district, permission to extract earth or stone is not required, but permission to extract earth or stone is required if the quantity of earth or stone taken out exceeds 50,000 cubic meters.
The Defendant initially undertaken the construction work of gathering earth and stones in forest Nos. 1 and 2 of this case for the purpose of “main purpose”.
The circumstances where a new construction work has not been actually carried out for a considerable period, such as a parking lot and a cycle office, etc., shall support the defendant.
Therefore, regardless of the quantity of the Defendant.