A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, from around September 25, 2002, worked as the representative director of the company D, a company collecting aggregate located in Gangwon-do, from around September 25, 201, was in charge of overall affairs, such as the management of the gathering site of earth and stones and the sale of aggregate from the said company. On August 2, 2010, the Defendant changed the permitted period from around August 2, 201 to 32,456 square meters of the permitted area, 479,562 square meters of the permitted volume, 479,562 square meters of the permitted volume, from March 13, 2010 to March 12, 2013 of the permitted period, on the ground that the Defendant obtained permission for gathering earth and stones, and did not collect the initially permitted volume on May 30, 201, by the extended period of permission to 10,500 square meters of the permitted volume on the same ground as that of June 1, 2016.

Anyone who intends to collect earth or stone in mountainous districts other than state forests shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, and the same shall apply where he/she intends to modify permitted matters, such as changes in the amount of permission for collection by collecting earth or stone in excess of the permitted guidelines for collection of stone.

피고인은 2016. 4. 경부터 2018. 2. 2. 경까지 관할 관청의 변경허가를 받지 아니하고 위 토석 채취허가 지의 완충구역 및 허가 지 외 임야 면적 3,114㎡에서 40,213㎥에 해당하는 522,769,000원( 한국 골재협회 2016년 6 월말 지역별 골재가격 동향 포천( 양주) 13,000원 /25.5 ⇒17 ㎥ 적용) 상당 토석을 공사현장의 매립용으로 채취하였다.

Summary of Evidence

1. The defendant's legal statement (as at the fifth date);

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes governing the GISD for the site prior to illegal mountainous districts;

1. Article 54 subparagraph 4 of the relevant Act and the main sentence of Article 25 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing)

1. The scope of applicable sentences under the law: Imprisonment from one month to two years.