Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On February 2, 2018, the Defendant performed civil engineering works for creating a site for solar power infrastructure without obtaining permission to convert a mountainous district from the South-gu Seoul Special Metropolitan City Mayor, the competent authority, on a total of 2,786 square meters of forest land B, Nam-si, Seoul Special Metropolitan City, which is a quasi-preserved mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of areas damaged by forests;

1. Application of investigative reports (verification of quasi-preserveded mountainous districts) statutes;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, where the mountainous district exclusively used without obtaining permission to convert the mountainous district, reaches 2,786 square meters, is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant that the defendant reflects, that the defendant does not have a criminal record due to the same kind of crime, that the defendant seems to have been implementing restoration measures for the damaged mountainous district, and the punishment shall be determined like the order, taking into account all other factors of sentencing specified in the arguments in this case.