A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority by specifying its use;

Nevertheless, on March 3, 2017, the Defendant, at Geumsan-gun D, E, F, without permission from the competent authorities, performed the work of horizontal work to ensure that KRW 232,584,040 of mountainous district recovery costs are added to the site of approximately 13,093 square meters by using sckes without permission from the competent authorities.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

2. A person who intends to cut standing timber, etc. in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant cut 490 local pine trees, 80 local pine trees, 151 local pine trees, 130 local pine trees, and 1,065 standing trees, the total market value of which is 8,242,680 won, including 214 local pine trees, without obtaining permission from the competent authorities.

Accordingly, the defendant cut standing timber without permission from the competent authorities.

3. No person who violates the Special Act on the Prevention of pine wilt Diseases shall move pine trees extracted from a half-half of pine trees in an area where pine trees are prohibited.

Nevertheless, on March 10, 2017, the Defendant, at the place specified in paragraph 1, designated as the area where pine trees are prohibited from exploiting in around March 10, 2017, went half of pine trees that were excavated in one ton of one ton truck.

As a result, the Defendant moved pine trees gathered in the station where pine trees are prohibited from withdrawing.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report on the offender;

1. Examination of illegal diversion of mountainous districts and felling sites of standing timber;

1. A report on recovery expenses for diversion of illegal mountainous districts and on calculating damage to standing timber;

1. Application of Acts and subordinate statutes to the public announcement of designation of areas where pine trees are prohibited;

1. Article 53 Subparag. 1 of the Act on the Establishment and Management of Forest Resources and Article 14(1) of the Management of Mountainous Districts which are subject to criminal facts, and Article 74(1) of the Creation and Management of Forest Resources Act.