The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service hours of 80 hours) is too unreasonable.

2. The crime of this case committed in the course of collecting earth and stone without permission in mountainous districts being restored with the expiration of the period for permission for the collection of earth and stone, and forging or using another person's document, shall not be less than the quality of crime;

However, although the Defendant was registered as the representative director of the Plaintiff Company B, the owner of the relevant mountainous district, but it is not deemed that the Plaintiff was in a position to actually determine the collection of earth and stones, and it appears that R, the actual owner of the relevant mountainous district, was in the lead of collecting earth and stones through the subcontractor with the permission to collect earth and stones, deposit the restoration expenses for the mountainous district, and appears to have been in progress. The crime of forging and exercising documents also leads to a crime without accurately knowing the relevant farmland transaction circumstances in connection with the business affairs of the Plaintiff. In light of the circumstances leading up to the crime, the fact that the lower court agreed with the nominal owner of the document, the circumstances leading to the crime, the age of the Defendant, and the various sentencing conditions indicated in the records, such as the background of the crime, the circumstances after the crime

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by this court are as stated in each corresponding column, except that the phrase “5,035 square meters” as “5,035 square meters” is deemed as stated in each corresponding column in the second page of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 53 Subparag. 3 of the pertinent Act and Article 25(1) of the Management of the Mountainous Districts of the Selection of Punishment (Unauthorized Collection of Earth and Stone), Article 231 of the Criminal Act (the occupation of a private document) and Articles 234 and 231 of the Criminal Act (the occupation of exercising the above investigation document) concerning criminal facts - Selection of each fine.