1. The defendant shall be punished by imprisonment for six months and a fine of five thousand won; and

2. The defendant does not pay the above fine.

Punishment of the crime

1. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities, such as a Metropolitan City Mayor;

On December 17, 2016, without obtaining permission from the competent authority for development activities, the Defendant engaged in development activities by cutting and raising the size of land by using excavation devices in the Dong-gu Seoul Metropolitan City B (hereinafter “the instant forest”) of Gwangju Metropolitan City, Dong-gu, (hereinafter “the instant forest”), with the height of 0.5m, the width of 3-8m, and the length of 40m, by cutting and raising the size of the land from the size of the land, and changing the form and quality of land.

2. A person who intends to use mountainous districts in violation of the Management of Mountainous Districts for purposes other than afforestation, etc., or divert such mountainous districts to change the form or quality of such mountainous districts for such purposes shall obtain permission from the head of the relevant forest office by specifying such purposes

The Defendant, without obtaining permission from the competent authority to convert mountainous districts, cut and filled the forest of this case into mountainous districts without obtaining permission from the competent authority and converted the forest of this case into mountainous districts by performing flat work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. The protocol of the police statement to E, the protocol of each police statement to C, and the protocol of each police statement to C (secondly);

1. Written statements of D;

1. On-site photographs and photographs;

1. Report on trends related to the restoration of the original state, a plan for restoration of the original state, a report on trends related to the restoration of the original state, a report on trends related to field business trips, an order for restoration of the original state to cut illegal timber, a certificate of the whole registered matters (F), a certificate of the entire registered matters (G);

1. Determination as to the assertion by the defendant and his defense counsel as to the investigation report (a summary order, etc. attached to the previous summary order), investigation report (as to the call with E of creamman E)

1. The Defendant and his defense counsel’s assertion did not obtain permission as stated in the facts constituting the crime Nos. 1 and 2 as indicated in the judgment of the lower court, and then cut and embling the instant forest by using the excavating machine around December 17, 2016. However, this was aimed at implementing the original restoration order, which is an administrative disposition of the Dong-gu Office of Gwangju Metropolitan City, and thus, is a justifiable act.