The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. In the facts charged, the Defendant is the owner of the land of 12,276 square meters prior to C in Gunsan-si (hereinafter “instant land”).

A person who intends to collect earth and stone shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Metropolitan Autonomous City Mayor, or the head of a Si/Gun.

Nevertheless, the part of the instant land (5,382 square meters) is damaged by collecting earth and rocks exceeding 1,200 square meters, while performing the construction work of collecting earth and rocks with permission from the Gunssan-si on May 27, 2015, after obtaining permission from the Gunssan-si on June 16, 2016.

2. Determination

A. The burden of proving the facts constituting an offense indicted in a criminal trial is to be borne by a prosecutor, and the conviction shall be based on evidence with probative value that makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). (b) The subject of development activities under each subparagraph of Article 56 (1) of the National Land Planning and Utilization Act does not necessarily have to be limited to the owner of the relevant land, and even a contractor, etc. who entered into a construction contract, etc. with the landowner, etc., is also capable of engaging in development activities on the land until the implementation of construction works on the land is completed, and where development activities are conducted without permission or conducted beyond the permitted scope, it shall be punished for violation of the aforementioned Act.

(c)

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, E, which entered into a contract for gathering earth and sand of the instant land (hereinafter “the agreement for gathering earth and sand of this case”) with the actual owner of the instant land, is a land outside the permitted area.