All appeals by the Defendants are dismissed.

1. Grounds for appeal;

A. Although the defendants, in relation to the permission of this case for collecting aggregate (hereinafter "the permission of this case"), there was a fact that the name of the defendants was nominal and a false construction machinery lease contract was prepared and submitted, the defendant A did not deliver KRW 3 million to the defendant Eul as stated in the facts charged of this case, but he voluntarily withdraws the above application with the knowledge that it should undergo prior environmental review after the application for permission of collecting aggregate was made on July 30, 2007, and H did not refuse the above application as stated in the facts charged of this case, and there was no express provision prohibiting the title of the name, and it was allowed only by the report of change of name when collecting aggregate (proviso of Article 25 (1) of the Mountainous Districts Management Act), unlike the extraction of aggregate, even though the name of the defendant was frequently conducted at the actual sites of collecting aggregate (the proviso of Article 25 (1) of the Mountainous Districts Management Act). Thus, the name of the defendant constitutes "private or other unlawful means

In light of the above legal principles, the court below erred by misapprehending the facts charged against the defendants and adversely affecting the conclusion of the judgment, since the defendants did not have any awareness of intention or illegality of the defendants, and since the possession of earth and stone collection equipment was merely a convenience condition for the permitted person, and documents proving such conditions are merely a documentary evidence of performing the duty of collecting earth and stone, it cannot be deemed that the preparation and submission of a false construction machinery lease contract as stated in the facts charged of this case constitutes a "private or other unlawful means" as stipulated in the Management of Mountainous Districts Act.

B. The sentence imposed by the lower court on the Defendants (two years of suspended sentence in six months of imprisonment) is too unreasonable.

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