A defendant shall be punished by imprisonment for six months.

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

No person of "2017 Highest 750" shall collect earth or stone with permission to collect earth or stone by fraud or other improper means.

However, since the Defendant was installed in the Seoul Cheongcheon-si Greenbelt, which was located on January 1, 2016, in the office of Kimcheon-si, Kimcheon-si, and in the forest and fields located in Kimcheon-si, Kimcheon-si, the Defendant: (a) obtained permission to collect earth and stones on March 2, 2016, by forging one copy of the written consent of the head of the grave and submitting it to the public official in charge as if he/she was a relative of the said grave; and (b) obtained permission to collect earth and stones on March 2, 2016.

From that time until January 31, 2017, the Defendant collected soil and rocks equivalent to approximately 61,735 cubic meters in cubic meters from a mountainous district of a 18,056 square meters in the above forest.

A person who intends to collect earth or stone in a mountainous district of "2017 Highest 1911" shall obtain permission to extract earth or stone from the Mayor, etc., as prescribed by Presidential Decree.

However, the Defendant, without obtaining permission from the competent authority on August 2017, conducted mountainous district restoration works in Kimcheon-si B, Kimcheon-si, and collected earth and stones equivalent to 9,374 cubic meters in excess of the scope of cutting and the amount of cutting in the approved recovery plan.

Summary of Evidence

"2017 Highest 750"

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each investigation report (on-site verification, reports on the progress of investigation, and statements of witnesses) 201, 1911;

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Location map of damaged area and photographs of damaged area;

1. Application of Acts and subordinate statutes to a report on investigation (calculated illegally collecting earth or stone);

1. Article 53 Subparag. 3 of the relevant Act and Article 53 of the Management of Mountainous Districts Act regarding criminal facts, the main sentence of Article 25(1) of the former Mountainous Districts Management Act (Amended by Act No. 14773, Apr. 18, 2017); and the selection of imprisonment with labor for each type of crime

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;