A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

1. Violation of the Mountainous Districts Management Act;

(a) A person who intends to convert a mountainous district without permission shall obtain permission from the Minister of the Korea Forest Service according to the classification of the types, areas, etc. of mountainous districts for the purposes thereof;

Nevertheless, from October 2009 to June 2013, the Defendant cut standing timber to construct temples without obtaining permission from the Administrator of the Korea Forest Service in Gwangju-si, which is a state forest, and then changed the form and quality of the mountainous district in a way of flating approximately KRW 5,966 square meters, and newly constructing obstacles to the mountainous district, e.g., parking lots, mobile toilets, containers, etc., and converted the use of mountainous district.

(b) The Minister of the Korea Forest Service, etc. may order a person who has converted a mountainous district to remove facilities or reinstate a mountainous district, the form and quality of which have been changed without permission, etc.

As seen in the foregoing paragraph (a), the Defendant violated the above order by failing to comply with an order to remove or restore facilities issued by the head of the relevant State forest management office on April 14, 2009;

2. A person who intends to cut standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

The Defendant did not obtain permission from the competent authority, from October 2009 to June 2013, and cut 189 part of standing timber (38.48 square meters of standing timber : 19.44 square meters of standing timber : 29.44 square meters of standing timber : 19.04 square meters of live trees) on the said land.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each recovery order;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 53 subparagraph 1 of the same Act, the main sentence of Article 14 (1) of the Mountainous Districts Act (the occupation of a mountainous district without permission and the selection of imprisonment and fines), subparagraph 10 of Article 55 and Article 44 (1) 2 of the Mountainous Districts Management Act