A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, who runs an aggregate extraction business under the trade name “F Co., Ltd.” located in Yangyang-gun, Gyeonggi-do, was entitled to file a building report on the size of land 9,500 square meters from the Yangyang-gun, Gyeonggi-do from March 21, 2014 to March 19, 2016, and became a warehouse and open site with permission from the Minister of the Korea Forest Service.

A person who has obtained permission to convert a mountainous district in a forest other than a state forest shall obtain permission from the head of the competent Si/Gun/Gu, if the volume of earth or stone incidentally gathered in the course of conversion exceeds 50,000 cubic meters and the area of earth

Nevertheless, on December 2014, the Defendant collected 81,189 cubic meters of the volume of earth and stones, which are larger than that of the original plan (95m, 105m, 110m, 116m) from G in Gyeyang-gun G in Gyeonggi-do without obtaining permission to collect earth and stones from the head of Bupyeong-gu Gun.

Accordingly, the defendant collected earth and rocks without permission to collect earth and rocks from the head of Bupyeong-gu Gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on criminal branch;

1. A description of aerial photography, current status photograph, current status survey map, earth flow map, paper map, crosssection map, and construction work description;

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of collection of illegal earth and rocks);

1. Article 53 of the Management of Mountainous Districts Act and Article 53 of the same Act and the main sentence of Article 25 (1) of the same Act and the selection of imprisonment for a crime;

1. It shall be sentenced as ordered in consideration of all the circumstances revealed in the pleadings, such as the fact that the defendant in the reason for sentencing under Article 62(1) of the Criminal Act led to confession and reflects of the crime, and the fact that the permission of the administrative agency for gathering earth and rocks exceeding the amount of earth and rocks collected from the crime of this case