The Defendant was given a free donation of land E, F, and G 3 lots of land from D as a pastor of the Clocks Association on November 201, 2010, under the pretext of the donation of the missionary mission.

Although the Defendant intended to use land for the above E as a religious facility, the Defendant did not obtain permission from the Minister of the Korea Forest Service to open access roads to the above F and G ground in order to ensure that access roads are not secured, and did not obtain permission from the Minister of the Korea Forest Service. On July 201, 201, the Defendant opened a access road of a volume of 450 square meters on the above F and G ground and diverted the use of land

2. In order to punish a person as a “act of diverting a mountainous district without obtaining permission for diverting a mountainous district” under the Management of Mountainous Districts Act, the pertinent land shall be the land in a state stipulated in subparagraph 1 of Article 2 of the Mountainous Districts Management Act, such as “land in which standing timber bamboo is collectively raised,” regardless of its land category. Even if the land category on the land cadastre is a forest, etc., even if it is classified as a forest, etc., if it is lost the phenomenon as a mountainous district and its lost status cannot

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the grounds that the Defendant’s act constitutes a mountainous district under the Act on the Management of Mountain Villages (see, e.g., Supreme Court Decision 2007Do1018, Jul. 10, 2008).

3. According to the conclusion, this part of the facts charged constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act, and publicly notified the summary of this judgment pursuant to Article 58(2