Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Punishment of the crime

1. Defendant A is the B representative of the Co., Ltd. located in Asan City D.

A person who intends to collect earth or stone in a mountainous district in a forest other than a state forest shall obtain permission to collect earth or stone from the head of a Si/Gun/Gu, if the area for collecting earth or stone is less than 100,000 square meters

Nevertheless, from April 2017 to November 2017, the Defendant collected soil and stones equivalent to 244,526 cubic meters from Asan City E, F, G, and H 4 lots of forest land (a approximately 18,421 square meters) without permission from Asan City.

2. Defendant B Co., Ltd. committed the same offense as that of the Defendant’s business at the time, place, and at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to I and J;

1. A survey report on actual conditions;

1. Investigation reports ( Current status of conversion of mountainous districts);

1. All on-site photographs;

1. Survey, civil engineering design, and soil invoice current status, etc.;

1. A report on investigation (calculated amount of soil and stones collected and prices thereof);

1. Application of statutes to the land ledger, land use plan confirmation certificate, and forestry map;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 53 Subparag. 3 and Article 25 Subparag. 1 of the Mountainous Districts Management Act, and the choice of imprisonment;

(b) Defendant B: Articles 56, 53 subparag. 3, and 25 subparag. 1 of the Mountainous Districts Management Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is very heavy in light of the background of the instant crime, the scale and value of earth and stones collected without permission, etc. However, the Defendants are both aware of and against the mistake, and the restoration work of forests and fields against the unlawfully damaged mountainous district is deemed to have been completed; Defendant A has no record of the same crime; Defendant A has no record of criminal punishment heavier than fine; Defendant A has no record of criminal punishment heavier than fine; and other various conditions of sentencing, such as Defendant A’s age, sexual conduct, motive and means of the crime, and circumstances after the crime.