The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant in the facts charged in the instant case is a person who obtained permission to convert the mountainous district of the competent authority with regard to the size of the area equivalent to the size of the area of the 1,2, forest land 19,586 square meters in the name of E and the FF corporation operating the Defendant, under the name of E and the F corporation operating the Defendant, under the pretext that the land for the scrapping site and the cycle building is created around December 2, 2012 and around July 2013.

Any person who intends to collect earth or stone in mountainous districts, other than state forests, shall obtain permission to collect earth or stone from a Mayor/Do Governor or the head of a Si/Gun/Gu, and where the quantity of earth or stone collected incidentally from the course of converting a mountainous district by a person who has obtained permission to divert a mountainous district from a competent authority is at least 50,000 cubic meters, he/she

Nevertheless, from June 2013 to February 2014, the Defendant collected the amount equivalent to 112,521 cubic meters of the soil and stone from the first, second, forest land of this case, without obtaining permission from the competent authorities, and using the refratator, etc. without obtaining permission.

2. Determination

A. On the premise that “the sum of earth and rocks collected from the First and Second Forests of this case may be aggregated,” the prosecutor instituted a prosecution for a single crime by applying “Article 53 subparag. 3 and Article 25(1)2 of the Management of Mountainous Districts Act” to the criminal facts constituting “the Defendant collected earth and rocks equivalent to 112,521 cubic meters from the First and Second Forests of this case without obtaining permission to collect earth and rocks.”

B. However, it is not permissible to either expand or interpret the penal law to the disadvantage of the defendant, which is unfavorable to the defendant, and even if permission for the diversion of a mountainous district was not obtained, it is legally permitted to collect earth and rocks incidentally gathered in the course of converting the mountainous district from 50,000 cubic meters.