Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

1. Any person who intends to collect earth or stone in a mountainous district, other than a State forest, shall obtain permission to collect earth or stone from the head of a Si/Gun/Gu, as prescribed by Presidential Decree, if the area for collecting earth or stone is less than 100,000 square meters;

Nevertheless, the Defendant did not obtain permission from the Mayor of the racing market, and collected earth and rocks from the mountainous district of 1,168 cubic meters in aggregate of the area of 1,177 square meters from June 2012 to June 2016, the Defendant collected earth and rocks from 1,168 cubic meters in total.

Accordingly, the defendant collected earth and rocks without obtaining permission from the competent authorities.

2. A person who violates the management of a mountainous district (the temporary use of a unreported mountainous district) shall report to the head of a Si/Gun/Gu thereon to temporarily use a mountainous district for the purpose of installing erosion control facilities in a forest which is not a state forest;

Nevertheless, the Defendant did not report to the Mayor of the racing market, from June 2012 to June 2016, the Defendant changed the form and quality of the mountainous district by damaging the mountainous district by cutting about 30 gs of saw trees with engine saws, and reclaiming soil and stone collected as described in paragraph (1) using scambling machines, etc. from the mountainous district of the area of 818 square meters in the area of the racing-si B from June 2012 to 818 square meters

Accordingly, the defendant was temporarily using a mountainous district without reporting to the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. 불법산 지용지도, 각 산림훼손현장 사진, 평균 경사도 조사서, 토적 계산표, 피해액 산출 내역, 부동산 등기부 등본, 임야 대장, 훼손한 나무 처리 사진, 굴삭기 사진, 항공사진, 사유지 팻말 설치 사진 법령의 적용

1. Article 53 subparagraph 3 of the relevant Act and Article 25 (1), subparagraph 2 of Article 55 and Article 15-2 (2) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.