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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the actual operator of the limited liability company D who has obtained permission to collect earth and stones in the land B and C.
Any person who intends to collect earth or stone in mountainous districts of a forest other than a state forest shall obtain permission from the competent administrative agency, and shall obtain permission to collect earth or stone from the competent administrative agency, if he/she intends to modify permitted matters.
Nevertheless, on June 2014, the Defendant collected earth and rocks from around 3,596 cubic meters by using an excavated machine without obtaining permission to change earth and rocks in a place outside the above earth and rocks gathering area.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement of the police suspect interrogation protocol against the accused;
1. The application of Acts and subordinate statutes to criminal land reports and respective current status survey results and diagrams attached thereto, earth and rocks, photographs of each illegal land, copies of relevant official documents (permission to collect earth and stones), copies of written consent to land use, copies of written consent to land use, investigation reports (Attachment to registers of forest), investigation reports (subject to direction of inspection), air carriers' respective descriptions, and images;
1. Article 54 subparagraph 4 of the Management of Mountainous Districts Act and the main sentence of Article 25 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.