A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is the representative of (ju)B engaged in the construction business, and C is the representative of (ju)D who is an agricultural company, and around October 2014, is the person who has obtained permission for the plan for the development of tourist agriculture and for the collection of soil and rocks from the total area of E and F 28,017 square meters.

around September 2015, the Defendant contracted with C to suspend the site and collect soil and rocks during the project.

1. Any person who intends to convert a mountainous district shall obtain permission from a competent authority, including the Minister of the Korea Forest Service, according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, the Defendant, without the permission of the competent authority from September 2015 to January 2018, 2018, dumpeded the boundary on which permission for development was obtained as above, and diverted the mountainous district into the land by cutting off the area from 1,916 square meters of the G forest in racing-si.

2. Any person who intends to collect earth or stone in mountainous districts of a forest which is not a state forest shall obtain permission to collect earth or stone from the competent authority, as prescribed by Presidential Decree, and the same shall apply to cases of changing permitted

Nevertheless, the Defendant, without obtaining permission from the competent observation authority or permission for change, collected soil and rocks from around September 2015 to around December 11, 2018, approximately KRW 92,812 cubic meters exceeding 186,310 cubic meters of the volume of permission for the collection of earth and rocks from around December 31, 2018 when the period of permission for the collection of earth and rocks expired.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to H and C;

1. Two copies of illegal forest damage zone drawings, one copy of current status plan, one copy of earth and sand collection table, four copies of earth and sand collection table, four on-site photographs, four copies of field photographs, eight copies of land before removing earth and stone before the expiration of the period for permission to collect earth and stone, one copy of the business plan for the tourist farm business plan, one copy of the document related to permission to collect earth and stone, one copy of the average slope map, one copy of the calculation sheet of damaged amount, five copies of the forest register, and five copies of the register;