A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

[2019 Highest 2477] The Defendant was a person operating C, a stone industry company in Jeonnam-gun, and was granted permission to collect earth and stone, the size of which is 18,473 square meters in size located in D and E: A plan for collecting earth and stone, the size of which is 18,473 square meters in size: For construction, craft use, civil engineering use, and gathering period: From September 9, 2002 to June 30, 2020 ( from July 1, 2017 to June 30, 202): The Defendant obtained permission to collect earth and stone, the content of which is “from the head of Song-gun-gun, the competent authority, the area of which is 18,473 square meters in size.”

However, from August 2017 to November 2018, the Defendant collected earth and rocks on a scale of 163,724 cubic meters from the 15,551 square meters of the area located in the area of the F, G, E, H, and I in Chungcheongnam-gun, G, H, and I, without obtaining permission to alter the collection of earth and rocks from the head of the relevant administrative agency.

[200 Godan413] On October 29, 2019, the Defendant was ordered to suspend the collection of earth and stone with the content of “the person permitted to collect earth and stone: the representative A of J and the ground for disposition: violation of the criteria for permission to collect earth and stone under Article 28 of the Mountainous Districts Management Act; 30 days in suspension of the collection of earth and stone; and the period of suspension: November 1, 2019 to November 30, 2019.”

However, around November 20, 2019, the Defendant violated the order to suspend the collection of earth and stone by collecting earth and stone from Goung-gun D and by collecting earth and stone.

Summary of Evidence

[2019 Highest 2477]

1. Defendant's legal statement;

1. The actual condition survey report;

1. The results of a survey on the location map of forest damage sites, earth and stone collection site map, airline margin of earth and stone collection site map, illegal earth and stone collection site map, site photo of earth and stone collection site, land use plan, basic matters on each parcel, a public notice on the amount calculated for calculation of recovery expenses in 2019, an average slope analysis, an average slope analysis, the measurement and investigation on Kansan illegal damaged land, a permit for collecting earth and stone, a permit for collecting earth and stone, a report on extension of the period for temporary use of land,

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to the notification of the location map of the forest damaged site, satellite photographs of the forest damaged area, site launch photographs of the collection of earth and rocks, basic matters on one parcel, land use planning confirmation personnel, and temporary suspension of the collection of earth and rocks;