Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to change the form and quality of land shall obtain permission for development activities from competent authorities, and any person who intends to convert a mountainous district shall obtain permission from competent authorities for conversion of a mountainous district for a specified purpose.

Nevertheless, on October 13, 2018, the Defendant, without obtaining permission from the competent authority to engage in development activities and to convert a mountainous district, installed access roads to the area of 1,887 square meters in total (1,618 square meters in mountainous districts, land which is not mountainous districts, 239 square meters in mountainous districts, and 1,618 square meters in land which is not mountainous districts) by using a digging hole to install greenhouses on the land outside Chungcheong-gun B and four lots.

Accordingly, the Defendant conducted development activities by changing the form and quality of land without obtaining permission from the competent authorities, and simultaneously diverted mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements concerning the preparation of C and D;

1. Location map and current status photograph;

1. Current status map;

1. Confirmation of land use plan;

1. Application of statutes on land cadastre and forest land cadastre;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning facts constituting a crime (including changes in the form and quality without permission), subparagraph 1 of Article 53 of the Mountainous Districts Management Act, and Article 14 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment prescribed for a violation of the National Land Planning and Utilization Act, a violation of the Mountainous Districts Management Act, a punishment heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The area of the land where development activities were conducted without permission by the defendant is 1,887 square meters.

Until now, the restoration has not been made.

The favorable circumstances: Recognizing mistakes.