A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, while running the aggregate production business in the name of B, obtained permission from the Asan City for the purpose of creating a mushroom cultivation shed in the Asan City.

Any person who intends to change matters concerning permission for mountainous district conversion shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of mountainous district types, areas, etc. prescribed by Presidential Decree, and any person who intends to collect earth or stone in mountainous district of a forest which is not a state forest shall obtain permission to collect earth or stone from Mayors

From June 2018 to September 2018, the Defendant excavated more than KRW 63,310 cubic meters of mountainous district recovery expenses without obtaining permission to alter a mountainous district conversion and permission to collect earth and rocks from the above C, and collected approximately KRW 97,432,00 of mountainous district recovery expenses, thereby damaging the above forest and removing earth and rocks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. One copy of investigation report (calculated amount of damage and price), damage price in the case, and details of calculation of unjust enrichment;

1. One copy of official document for permission for mountainous district conversion;

1. Statement of earth and sand;

1. Application of each of the Acts and subordinate statutes in one copy of land cadastre, land use plan confirmation, forestry map, and mountainous district information inquiry;

1. Mountainous districts, other than preserved mountainous districts, for Article 54 of the relevant laws on criminal facts and Article 54 of the Management of Mountainous Districts Act which are selected as mountainous districts;

Sub-paragraphs 1 and 1, Article 14(1) (the fact that a mountainous district is converted without permission for change), the latter part and 3 of the main sentence of Article 53 of the Management of Mountainous Districts Act, Article 25(1) (the point of collecting unauthorized soil and rocks) of the Management

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The area of a mountainous district exclusively used without permission to change the sentencing of Article 62-2 of the Social Service Order Act is very wide and the collected soil and rocks are also larger.