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The defendant shall be innocent.
Reasons
1. The instant facts charged B was the actual operator of the Fund Co., Ltd. (hereinafter referred to as the “C”), and C was granted permission to collect earth and stones from Da parts, E, F, etc. (hereinafter referred to as “the area of permission”) in Yong-gun, Chungcheongnam-gun, and the Defendant entered into a contract for restoration work with C on September 27, 2016 as the representative director of the Fund Co., Ltd. (hereinafter referred to as the “G”).
Any person who intends to collect earth or stone in mountainous districts of non-state forests shall obtain permission to collect earth or stone from the competent administrative agencies, and the same shall apply where he/she intends to change permitted matters.
Nevertheless, the Defendant and B conspired without obtaining permission for change from the head of Si/Gun, and from October 2016 to April 2017, B instructed the Defendant to collect earth and stone for the purpose of restoration work from the Ha and D in the Jeonnam-gun H and D, which are not the land for permission, and the Defendant collected rocks from 3,000 cubic meters for the purpose of restoration work of the forest.
As a result, the defendant collected earth and rocks in collusion with B in excess of the permission without permission of the competent authorities.
2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to view that the evidence submitted by the prosecutor alone was proven without reasonable doubt that the Defendant had intention to collect rocks without permission, and there is no other evidence to acknowledge it.
C entered into a restoration contract with G on September 27, 2016, which was pointed out that the collection of earth and rocks in the existing permitted area with permission to collect earth and rocks is dangerous to the upper part of the Da, Goung-gun, Goung-gun, Goung-gun.
According to the above restoration contract, the construction section is indicated as the "D Superior-gun, Jeonnam-gun" and the part corresponding to the permitted area was not specified.
(b)the place of permission;