A. As to the instant religious facility site, a mistake of facts and misunderstanding of legal principles (not guilty part) lost the phenomenon as a mountainous district solely on the circumstance that standing timber, etc. was cut on the said site before the site for the religious facility of this case was created by the Defendant, such as making a stop work around 1988 and creating sculptures, such as artificial explosions, and creation of 12 topography, etc.

(2) No person shall be deemed to be unable to recover.

In light of the current status and land category surrounding the religious facility site of this case, etc., the religious facility site of this case is merely a temporary loss of status as a mountainous district, and is still a mountainous district.

B) As to the instant parking lot site, even if the Defendant buried in around 1988 to prevent flood damage and removed a grass around April 2008, and had already been discussed before using it as the instant parking lot site, the instant parking lot site is deemed to have been restored to the present state as a mountainous district because the Defendant did not reclaim around 1988 and did not set up a farmer any longer. In light of the current status of the instant parking lot site immediately adjacent to the instant parking lot and the land category is forest land, etc., the instant parking lot site still falls under mountainous district. (ii) Even if the instant religious facility site and parking lot site created by the Defendant was lost as a mountainous district prior to the use of the instant parking lot.

Even if succession of mountainous districts already converted and used continuously for purposes other than those prescribed by law, the act of the defendant constitutes conversion of mountainous districts.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too unjustifiable and unfair.

2. Determination

A. Mountainous districts, such as the relevant legal principles on mistake of facts and misapprehension of legal principles, are land where standing timber and bamboo are collectively cultivated, land where standing timber and bamboo collectively cultivated has been temporarily lost, and standing timber and bamboo.