All of the appeals by prosecutors are dismissed.

1. In full view of the photographs taken on January 23, 2017 by the clan members of FJ, and the statements from the NFK G, etc., of the summary of the grounds for appeal, even if Defendant A was found to have collected earth and stones without permission of the competent authority from January 20, 2017 to February 7, 2017, prior to the payment of the recovery deposit, Defendant A was found to have been guilty of the facts charged in the instant case.

2. Summary of the facts charged in this case

A. Defendant A, who was registered as the representative director of a limited liability company B (hereinafter “Defendant Company”), is jointly operating the said company C and the said company.

Any person who intends to collect earth or stone in mountainous districts of forests which are not state forests shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the same shall also apply

On January 20, 2017, the Defendant: (a) obtained permission to alter earth and rocks on the condition that the recovery expenses be deposited from the following city, the competent administrative agency, from February 20, 2017 to February 20, 2017; (b) but, on January 20, 2017, from January 20, 2017 to February 7, 2017, the Defendant collected a large amount of earth and rocks using heavy equipment, etc. from the D and one parcel (hereinafter “instant land”).

Accordingly, the defendant collected earth and rocks in collusion with C without obtaining permission from the competent authorities for collection of earth and rocks.

B. The Defendant B, at the time and place specified in paragraph (1), collected earth and stone without obtaining permission to change the collection of earth and stone from the competent authority, as stated in paragraph (1).

3. Determination

A. The lower court, based on the evidence submitted by the prosecutor, determined whether the Defendant A collected earth or stone at a place without obtaining permission to alter earth or stone collection during the period specified in the facts charged, or whether the earth or stone collected at the place where permission was already granted, processed, or transported.