Defendant

A shall be punished by a fine for negligence of KRW 12,00,000 (one million) and by a fine of KRW 3,000,000 (three million).

Punishment of the crime

A person who intends to collect earth or stone in mountainous districts in a forest which is not a state forest (including cases of transporting earth or stone outside a mountainous district) shall obtain permission from the competent administrative agency for gathering earth or stone.

However, a person who has obtained permission to convert a mountainous district may collect earth or stone incidentally gathered in the course of converting the mountainous district without obtaining such permission, but even in such cases, if he/she extracts and gathers rocks the length of which is at least 18 cm in length in the original state, and ships such rocks out of the exclusive use area of the relevant mountainous district, he/she shall obtain such permission.

From November 28, 2017 to 16:00 on November 28, 2017, the Defendants conspired to obtain permission for gathering earth and stones, and obtained the approval of the implementation plan for the development project (development of farmland) under the name of the spouse E between the Defendant and the Defendant’s spouse from November 28, 2017, the F land of the Gangwon Hawon-gun is “a quasi-preserved mountainous district (other than a preserved mountainous district)” under Article 4(1)2 of the Mountainous Districts Management Act.

On the ground, Defendant A operated a soft for soft work, and Defendant B carried out the G land by digging off the soften rock (a total of 86.4 tons presumption, forest damage presumption area approximately 616 square meters) with the longer straight line length exceeding 18cc, by driving a truck for transportation work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation reports, recognition of illegal acts in forests, photographs of the control materials on military units, and control photographs of the flaps;

1. A survey report on actual condition, a location map of forest damaged areas, a GPS survey map, a photograph of damaged areas in forests, the assessment of the amount of damage to damaged areas in forests, the ledger of forests and fields, and data verifying the classification of

1. Vehicle photographs (H);

1. A criminal investigation report (precluding the current base of the rocky station twice);

1. The investigation report, the correction of the amount of forest damage, and the application of statutes governing the amount of damage inflicted on the forest;

1. The Defendants of the relevant legal provisions and the choice of punishment concerning the facts constituting the crime: Articles 53 (latter part)3 and 25 (1) of the Act on the Management of each Mountainous Districts, and Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.