A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2017 Highest 1958"

1. A person who intends to collect earth or stone in mountainous districts of a forest not in violation of the Management of Mountainous Districts Act in April 2016 shall obtain permission from the competent administrative agency for gathering earth or stone, as prescribed by Presidential Decree;

Nevertheless, in April 2016, the Defendant collected soil and stones equivalent to 15,101 cubic meters from the head of the competent administrative agency in order to use them for the guest soil of G operated by the Defendant in a mountain area other than the preserved mountainous district, Kimcheon-si B, C, D, E, and F, which is a forest that is not a state-owned forest.

"2018 Highest 724"

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission for development from a competent authority, who intends to alter the form and quality of land, or who intends to collect rocks;

Nevertheless, from November 10, 2017 to February 20, 2018, the Defendant cut a total of about 11,235 square meters of land, including approximately 4,818 square meters in Kimcheon-si, Kimcheon-si, I, approximately 1,342 square meters, and approximately 5,075 square meters in J, 5,075 square meters, and performed development activities by collecting soil and stones equivalent to about 49,330 cubic meters.

3. A person who intends to collect earth or stone from a mountainous district in a forest not in violation of the Management of Mountainous Districts between November 10, 2017 and February 20, 2018 shall obtain permission from the competent authority for gathering earth or stone, as prescribed by Presidential Decree.

Nevertheless, on the date stated in paragraph 2, the Defendant collected soil and stones equivalent to about 49,330 cubic meters from the place specified in paragraph 2, which is a mountainous district other than a preserved mountainous district, without obtaining permission from the competent administrative authority.

Summary of Evidence

"2017 Highest 1958"

1. Statement by the defendant in court;

1. A statement on calculation of volume of earth and stone, details of calculation of mountainous district recovery expenses, and an order to take measures;

1. The satellite photographs, photographs of damaged land, field photographs, and damaged area map of the damaged land shall also be 2018 Highest 724;

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A survey report on actual condition and a criminal investigation report (the classification of mountainous districts in damaged areas);

1. Details of calculation of recovery expenses for each mountainous district;

1. Location map of the damaged area;