Text
Defendant
A Imprisonment for one year, and Defendant B shall be punished by a fine of KRW 10 million.
except that this judgment.
Reasons
Punishment of the crime
1. The Defendant was a person operating a stone collection plant with the trade name “C”, and the Defendant was granted permission to collect earth and rocks (the steel rock, 401,027 cubic meters) on the land of 32,403 square meters and 2 lots, both E and 32,403 square meters from the Gasan-si from January 2, 2006 to November 2, 2014 from the Gasan-si.
Where a person who collects earth or stone in mountainous districts of a forest which is not a state forest with permission from the competent authority intends to collect earth or stone by modifying permission, he/she shall obtain permission for modification.
Nevertheless, the Defendant, without obtaining permission for change from July 2008 to January 2012, 201, covered a quarrying planning line that was permitted by the method of excavating more than 14m to 24m underground in excess of the scope of permission by using a field line, pora, paint, paint, ceiling, air, powder, etc. in the above quarrying, and collected soil and rocks from 415,631.7m cubic meters of the above forests and fields, which was 415,631.7m in cubic meters of the above forests and fields, and 72.6m in cubic meters of the 736m square meters of the surrounding forests and fields not permitted.
[Judgment of the court below] The prosecutor argues that the defendant's transfer of earth and stones illegally collected is the whole 4,15,703 cubic meters of the transfer, but there is no sufficient evidence to acknowledge it, and it is found guilty of criminal facts in the judgment of the court below. Thus
2. The Defendant Company B was a juristic person established for the purpose of collecting earth and rocks, and the representative A committed the same offense as the written in the preceding paragraph in relation to the Defendant’s business.
Summary of Evidence
Defendant
A’s legal statement, F, G, and H’s police statement, survey results statement, copy of a report on the collection of earth and stone, copy of a report on the collection of earth and stone, and application of statutes governing permission for collection
1. Article 54 Subparag. 4 of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012; hereinafter “former Mountainous Districts Management Act”) and Article 25(1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012; hereinafter “former Mountainous Districts Management Act”): Defendant B: Article 56 of the Mountainous Districts Management Act; Articles 54 Subparag. 4 and 25(
1. Article 62 of the Criminal Act: Suspension of Execution (Defendant A)