If the defendant does not pay the above fine, KRW 100,000.

From March 3, 2016 to July of the same month, the Defendant: (a) mobilized a dump truck, etc. of a size of 686m2 without obtaining permission to convert a mountainous district from Gangnam-si; (b) damaged forests of a size of 686m2; (c) removed earth and sand from 400m2 to neighboring farmland; and (d) converted the use of mountainous district into two containers.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Inspection of actual condition, inspection of destroyed and lost parts, and application of Acts and subordinate statutes governing field photographs;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Whether a mountainous district constitutes a mountainous district subject to the application of the Act on Criminal Procedure for the Sentencing of Article 334(1) of the Criminal Procedure Act shall be determined depending on the de facto phenomenon of the pertinent land regardless of the items in the public account book (see Supreme Court Decision 2009Da11556, Jun. 11, 2009, etc.). It lost the phenomenon as a mountainous district.

Even if the lost state is temporary and it is possible to restore the original state to the original state, the claim that the Defendant did not have intention to divert the forest cannot be accepted in full view of the present state of the forest land in this case, the present state of the forest land in this case, the timing of purchase by the Defendant, the circumstances leading up to and methods of forest damage, etc.

Provided, That the amount of fine under the summary order shall be reduced partially by the defendant in consideration of the fact that only one person has been punished by a fine, and the part exclusively used for mountainous district has been restored, etc.