The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and misapprehension of legal principles) ① At the time of obtaining permission for development activities with respect to the size of 790 square meters and 535 square meters (hereinafter “each land of this case”) among the 790 square meters and 1 forest in Gangseo-si from Gangwon-si, Gangnam-si, the Defendant submitted a plan for use in which he had a retaining wall be installed in the part of I forest in Gangwon-si, and the Defendant’s act of damaging the 1 forest by cutting the rocks located in the center of I forest and field and cutting off the rocks and stopping the work (hereinafter “the woodland of this case”) on the 1 damaged land of this case as indicated in the facts of the crime in the judgment of the court below, and since the Defendant’s act of damaging the 1st damaged the 1st damaged land of this case (hereinafter “the act of damaging the 1st destroyed land of this case”).

② The Defendant did not have any intention or illegality with respect to the diversion of mountainous district without permission, since the Defendant’s act of damaging destroyed land 1 in the instant case was conducted under consultation with Gangnam-si.

③ In addition, the act of destroying destroyed 1, etc. of this case is merely an act of temporarily using or preserving a mountainous district due to the suspension of the sloping surface, etc., and cannot be deemed an act of diverting a mountainous district as stipulated in the Mountainous Districts Management Act.

Therefore, the judgment of the court below which found the defendant guilty of this part of the charges is erroneous by misunderstanding the facts or by misunderstanding the legal principles as to conversion of mountainous districts prescribed in the Mountainous Districts Management Act

B. Prosecutor 1) The Defendant’s mistake and misapprehension of the legal doctrine as to the left-hand page of the landslide collapsed by the landslide among the I forest of Gangseo-si I, Gangnam-si, the cut off construction in excess of the part where the landslide, which is the scope of permission for the original restoration work, occurred and up to the normal part of the mountain (hereinafter “the forest land of this case”) and the cut off construction in relation to the damaged land No. 2 of this case.