Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who is authorized to use or take profits from a mountainous district in a forest which is not a state forest, intends to collect earth or sand, the scale of which is at least 30 cubic meters but not more than 1,000 cubic meters, in order to use it for the purpose of consumption by a person who is authorized to use or take profits from such mountainous district, shall file a report on collection of earth or sand with the competent authority.

Nevertheless, the Defendant did not report the gathering of earth and sand to the Gangnam City Mayor, and collected earth and sand equivalent to 723 cubic meters in order to use it for the purpose of guest soil in the Gangseo-si forest owned by the Defendant among April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal branch report, the actual investigation report, and the location map;

1. Statement for calculating the amount of damage;

1. Drawings for calculating the damaged area;

1. Spatial photographs in the fields of straws;

1. Application of the land ledger and the Acts and subordinate statutes governing the land use plan;

1. Article 55 of the relevant Act and Articles 55 and 25 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;