The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A independently delegated the issue of permission for the diversion of mountainous districts or the collection of earth and rocks to M operated by A, and A independently performed the diversion of mountainous districts or the collection of earth and rocks, and the Defendant did not participate in the petition of appeal submitted by the defense counsel of the Defendant, stating that “the appeal is filed on the ground of mistake of facts and unfair sentencing” was not submitted separately, and thus, the argument in the original judgment is deemed as the content of the allegation of mistake of facts

B. The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. Determination

A. In full view of all the circumstances acknowledged by evidence, the lower court determined that the Defendant committed a crime of diversion of the instant mountainous district or gathering soil and rocks without obtaining permission in collusion with A and E, by taking account of the following facts.

The decision was determined.

Examining the judgment of the court below closely with the records, it is just for the court below to find the defendant guilty of the facts charged in this case for the same reasons as the reasoning of the judgment, and there is no error of law affecting the judgment

Therefore, this part of the defendant's argument is without merit.

B. In light of the following: (a) the size and content of the mountainous district exclusively used by the Defendant without permission; (b) the quantity of the soil and stones collected; and (c) the background of the crime; (b) the circumstances after the crime; (c) the Defendant’s age, sexual conduct; and (d) the conditions of sentencing indicated in the records, such as the equity in the case of sentencing at the same time when a judgment is rendered in the name of the de facto right holder of real estate; and

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and is dismissed under Article 364 (4) of the Criminal Procedure Act (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act.