Text
Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A is the site manager of the Co., Ltd. B, who was awarded a contract for civil engineering works from CN trading companies, which had obtained permission to convert mountainous districts for the purpose of creating a site for warehouse facilities in the forest of Echeon-si, C and 21.
A person who intends to collect earth or stone in a mountainous district of not more than 100,000§³, which is not a State forest, shall obtain permission to collect earth or stone from the competent Mayor.
Nevertheless, from July 22, 2016 to August 1, 2016, the Defendant collected earth and rocks from 91,293.2 cubic meters of e-mail markets without obtaining permission for gathering earth and rocks from Da, D, E, F, and G forests (area 20,101 square meters).
2. The Defendant B, an employee of the Defendant, neglected to exercise due care and supervision over the Defendant’s business in committing a violation as described in paragraph (1) with regard to the Defendant’s business, thereby collecting earth and stone in mountainous district without obtaining permission of the Leecheon-si market.
Summary of Evidence
1. Defendants’ respective legal statements
1. A H statement;
1. A certified copy of cadastral map, land register, confirmation of land use plan, etc.;
1. An invoice;
1. On-site photographs;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 53 subparagraph 3 of the Mountainous Districts Management Act and the main sentence of Article 25 (1) of the Mountainous Districts Management Act (or choice of imprisonment);
B. Defendant B: Articles 56 and 53 subparag. 3 and the main sentence of Article 25 subparag. 1 of the Mountainous Districts Management Act
1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 2006) (1)
1. Article 334(1) of the Criminal Procedure Act (Defendant B)