Defendant

The punishment against A shall be 6 months, and the punishment against the defendant limited liability company B shall be 5 million won, respectively.

Punishment of the crime

Defendant

The limited company B is a company that runs the business of collecting earth and stones, and the defendant A is the general manager of the limited company B.

1. A person who intends to collect earth or stone in mountainous districts of a forest, other than a state forest, shall obtain permission for gathering earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, and even where he/she intends to change permitted matters, he/she shall obtain permission for such change, in violation of such permission;

Nevertheless, on December 2016, the Defendant collected earth and rocks from the land outside the Seoul-Eup/Myeon, and additionally collected approximately KRW 2,277 square meters of mountainous districts in neighboring areas outside the area permitted for permission of collecting earth and rocks, without obtaining permission of change.

2. Defendant B, at the time and place specified in paragraph 1, committed the same offense as Paragraph 1, against Defendant A, who is an employee of the Defendant.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A survey report on actual conditions;

1. A list of the division of duties;

1. Location map;

1. On-site photographs (the Defendants did not have intention to commit the instant crime)

First, there is an interval of about two months between the time when Defendant A was in charge of the first duty and the time of the instant crime, and ② Defendant A was not well aware of the collection of earth and stones at the first half of his duties.

However, it is alleged that there is a geographical limit with respect to the permission to collect earth and stones. ③ The Defendants alleged that the survey was erroneous on the grounds that the permission to collect earth and rocks was conducted beyond the scope of permission in the investigation stage. However, there is no statement by the person in charge of such survey-related data or survey. ④ At the time of the instant crime, earth and rocks were already collected after a considerable period of time from the time of the initial permission to collect earth and rocks, and thus, are earth and rocks around the boundary of permission.