A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Punishment of the crime

1. Any person who violates the Building Act shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

그런데도 피고인은 2015. 12.경 김천시 C 임야에서 김천시장의 허가를 받지 아니하고 총 422.5㎡의 건축물〔1층 일반철골구조 제2종근린생활시설(종교집회장) 240.7㎡ 및 경량철골구조 제2종근린생활시설(종교집회장-화장실) 12㎡, 2층 일반철골구조 단독주택 169.8㎡〕을 건축하였다.

2. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, without obtaining permission from the competent authority at the date, time, and place indicated in paragraph (1), the Defendant illegally diverted a total of 2,29 square meters into a mountainous district with a site creation (1,506 square meters), expansion of access roads (175 square meters), and installation of access roads (618 square meters).

Summary of Evidence

1. Defendant's legal statement;

1. A letter of accusation, current status map, each damaged area map, actual condition survey report, location map, forest land register, full certificate of registered matters, and copy of a contract;

1. Application of Acts and subordinate statutes to the investigation report (D currency content);

1. Subparagraph 1 of Article 110 and the main sentence of Article 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Article 53 Subparag. 1 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of imprisonment and a fine for a violation of the Building Act, with regard to the selection of punishment for a violation of the Management of Mountainous Districts Act, concurrently;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes)]

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order is the instant case.