산지관리법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.
Nevertheless, on November 2017, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, destroyed forests with approximately KRW 2,501,720 of the cost of forest recovery, by using 414 square meters out of 2,975 square meters of forest land B in Yong-gun, Jeonnam-gun, a quasi-preserved mountainous district, for the purpose of burning and planting.
As a result, the Defendant converted a mountainous district, other than preserved mountainous districts, without obtaining permission for mountainous district conversion.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to reports on criminal status, actual status investigation report, lease contract, and investigation report;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The amount of fine as indicated in the order shall be determined, in consideration of all the circumstances, including the size of the mountainous district, the area of the mountainous district whose reason for sentencing has been damaged under Article 334(1) of the Criminal Procedure Act, and estimated expenses required for the restoration thereof, the circumstances surrounding the diversion of the mountainous district, the utilization of the damaged mountainous district and its present state, the endeavor of the defendant to restore, the past punishment records of the defendant, the age, environment and circumstances after the defendant