Text
Defendant
A shall be punished by imprisonment for six months, by a fine of 10,000,000 won for Defendant B.
However, the defendant A.
Reasons
Punishment of the crime
Even if permission for conversion of a mountainous district has been obtained, if the volume of earth and stone taken out outside the exclusive area of the mountainous district of a sea year is at least 50,000 cubic meters, the permission for gathering earth and stone shall be obtained from the competent authority.
1. The Defendant, as the representative director of the Company B, was performing civil works for the creation of industrial complexes corresponding to the F forest land located within the mountainous district from E Co., Ltd. on April 2013, without obtaining permission for gathering soil and stones from the ignsung market during construction work. From July 2015 to December 2015, the Defendant collected approximately 230,000 cubic meters of soil and stones from the 21,109 square meters of the above forest land from July 21, 2015 to the 21,109 square meters, and carried them out to the exclusive use area of the said mountainous district.
2. Defendant B, a corporation established for the purpose of civil engineering construction work business, etc., Defendant B, the representative director of the Defendant, collected and removed earth and stones without obtaining permission to collect earth and stones as stated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Each description of a civil engineering work contract, current status measurement map, and all certificates to be registered;
1. Application of each of the visual Acts and subordinate statutes to field photographs and aerial photographys;
1. Defendant A of the relevant Act on the facts constituting the crime: Article 53 subparagraph 3 of the Mountainous Districts Management Act and Article 25 (1) subparagraph 2 of the main sentence of Article 25 (1) of the Mountainous Districts Management Act (elective of imprisonment): Article 56 of the Mountainous Districts Management Act; Article 53 subparagraph 3 of the Mountainous Districts Management Act and Article 25 (1) subparagraph 2 of the main sentence of Article 25 (2
1. Defendant A: Article 62(1) of the Criminal Act (see, e.g., favorable circumstances in light of the reasons for sentencing) (see, e.g., Supreme Court Decision 60% of the amount of earth and stones collected and taken out by Defendant A due to the reason for sentencing) under the circumstances unfavorable to that of the amount of earth and stones collected and taken out by Defendant A; Defendant completed at least 50% of its original restoration work by making use of earth and stones; Defendant continues to implement its original restoration work; Defendant’s confession for committing a crime; and Defendant’s age, sexual conduct, motive for committing a crime; and