A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of the mountainous district specifying the purposes thereof, and the same shall apply where permitted matters

Nevertheless, around December 2013, the Defendant, using equipment that had difficulties in moving dump trucks, etc. due to standing timber located within 269 square meters in Dacheon-si, Maump trucks, etc., converted the use of mountainous districts so that dump trucks, etc. can be moved freely.

2. Any person who intends to collect earth or stone in mountainous districts of a forest, other than a state forest, shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, and the same shall also apply where he

Nevertheless, the Defendant collected earth and stones in excess of the amount equivalent to 33,827 cubic meters from the original permitted volume (90,120 cubic meters) without obtaining permission for change of permitted volume from December 2, 2013 to December 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A criminal investigation report (Listening to suspect's telephone statements) and a criminal investigation report (Listening to the oral statement by the E-mail);

1. Forestry book, a quantity calculation statement, a survey plan of the actual site area, old map, specific surface map, crosssection map;

1. Notification of permission to collect earth and stone;

1. Application of the photographic Acts and subordinate statutes;

1. Article 54 subparagraph 1 of the relevant Act and subparagraph 1 of Article 54 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the occupation of conversion of mountainous districts, the choice of imprisonment), subparagraph 4 of Article 54 and the main sentence of Article 25 (1) of the Mountainous Districts Management Act (the occupation of gathering earth

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 (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance to the defendant who committed the instant crime even though he/she had the record of being punished for violating the administrative law.