Nevertheless, around June 18, 2008, the Defendant converted the use of mountainous districts by creating miscellaneous stone as a parking lot, without obtaining permission from the Administrator of the Korea Forest Service, with respect to the forest land E in Ansan-si (hereinafter “the instant forest land”) owned by the Defendant, which is the front end of the Dridge in Ansan-si (hereinafter “the instant forest”).

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

(See Supreme Court Decision 2007Do1018 Decided July 10, 2008, etc.) According to the airline margin of the National Land Geographic Information Institute taken around September 2006, and the airline margin of the National Land Geographic Information Institute taken on November 2007, 2007, the forest of this case was used as dry field before June 18, 2008, which was created by the Defendant as a parking lot, and there was no standing timber cultivated.

Therefore, the forest of this case has already lost the phenomenon of mountainous district at the time of the defendant's act, and the state of loss is not considered temporary.

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize that the forest of this case falls under the “place of origin” under the Mountain Villages Management Act at the time when the defendant constructed a parking lot using miscellaneous stone in the forest of this case as stated in the facts charged.