A defendant shall be punished by imprisonment for one year.

except that 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

In order to divert a mountainous district, any person shall obtain permission for conversion from the Minister of the Korea Forest Service, etc., and any person who intends to collect earth or stone in a mountainous district shall obtain permission for collection of earth

Nevertheless, without obtaining permission for conversion of mountainous district and permission for collecting earth and stones, the Defendant converted the form and quality of mountainous district to mountainous district by changing the form and quality of mountainous district, such as removing standing timber with equipment, such as scrails, etc., and 18,759 cubic meters from May 2012 to October 2012 for the purpose of creating housing in forest land B, B, and C, etc., and collecting earth and stones from 18,759 cubic meters in cubic meters from the above C.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (C re-verification of illegal earth and sand taken out);

1. The practical survey report, location map, satellite photographs and field photographs, confirmation of damaged area, and application of statutes in cadastral map;

1. Subparagraph 1 of Article 53, the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply), Article 53 subparagraph 3, and Article 25(1)2 of the same Act (Unauthorized to gather earth and rocks and choice of imprisonment) concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act on the crime of this case, taking into account that the defendant has committed the crime of this case, has no same criminal record