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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu in accordance with classification of mountainous districts prescribed by Presidential Decree and their use.

Nevertheless, on December 2, 2017, the Defendant converted the use of excavation devices to develop an orchard from approximately 6,000 square meters among the Gyeongcheon-gun B forest and the Gyeongbuk-gun C forest, a quasi-preserved mountainous district, without obtaining permission from the head of the Gun having jurisdiction over the police officer, and the Defendant converted the use of mountainous districts by performing cutting and site suspension work with an aim to develop an orchard from around 6,00 square meters (hereinafter “instant forest”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. The actual condition survey report;

1. Each airline or mountainous district information inquiry;

1. Application of Acts and subordinate statutes to investigation reports (type of mountainous districts subject to this case);

1. Article 54 of the relevant Act and the latter part of Article 54 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the following circumstances, the Defendant asserts to the effect that the instant act of conversion was not intentional or unlawful.

Around March 2016, the Defendant had been using the instant forest as dry field for a period of 10 years prior to the purchase of the instant forest, and the instant forest was used for the use of dry field, paddy field, and orchard for at least three consecutive years as of January 21, 2016. As such, the Defendant was entitled to permission for mountainous district conversion pursuant to Article 3 of the Addenda to the Management of Mountainous Districts Act (No. 14361, Dec. 2, 2016).

B. Upon receipt of a written confirmation of land category change with this Chapter and two residents, the Defendant is a public official in charge of responding to the public official in charge that the Defendant may continue to use the instant forest as orchard even without any change of land category, or arranging the instant forest as orchard.