Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Punishment of the crime

Any person who intends to collect earth or stone in mountainous districts of non-state forests shall obtain permission to collect earth or stone, in violation of such permission, and shall not collect earth or stone without permission therefor or collect earth or stone upon obtaining permission to collect earth or stone by false or other unjust means.

The Defendants conspired to collect earth and stones from 22,175 square meters of the D Forest in Jeonbuk-si, Jeonbuk-si without permission of the Gasan market among the construction of livestock penss.

From April 2012 to June 2013, Defendants: (a) provided the forest owned by their brothers and sisters, and (b) instructed livestock pens construction work while providing them with the forest owned by their brothers and sisters; and (c) Defendant B instructed the supply site of collected earth and rocks, and collected earth and rocks from 81,564 cubic meters using scras, dump trucks, etc.

Accordingly, the Defendants conspired to collect earth and rocks without obtaining permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of E and F;

1. The actual condition survey report;

1. Notification of permission for change of mountainous district;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (150 pages), a soil statement (161 pages of investigation records);

1. Article 53 subparagraph 3 of the Management of Mountainous Districts Act, the main sentence of Article 25 (1) and Article 30 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act under suspended execution (the creation of a stable site with permission for conversion of mountainous district is a matter of collecting earth and stone in excess of the permitted quantity while creating the stable site with permission for conversion of mountainous district, taking into account the fact that the defendants are under recovery process with approval for restoration design from the following City and that the restoration will be completed around November 2015, and that there is no same criminal record