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

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

Punishment of the crime

The defendant purchased forest land F with the wife population in the So-si in order to operate a food waste disposal site as the representative director of the E-company.

A person who intends to divert a mountainous district shall obtain permission to divert the mountainous district from the head of the forest office by determining its use, and a person who intends to engage in development activities shall obtain permission from the Mayor.

Nevertheless, on October 2015, the Defendant, without obtaining permission from the head of the Korea Forest Service or obtaining permission from the Mayor, laid the gravel on approximately 1,200 square meters of the above F Forest, among the above F Forest, and changed the form and quality of the forest by using it for the parking lot, and conducted development activities simultaneously without obtaining permission.

Summary of Evidence

1. Partial statement of the defendant;

1. A land register and a certificate of all registered matters;

1. Application of Acts and subordinate statutes, such as illegal construction photographs, modified photographs of forests and fields;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense under Articles 140 and 56 (1) 2 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Whether a mountainous district constitutes a mountainous district under the Criminal Procedure Act, which is guilty of Article 334 (1) of the Criminal Procedure Act, must be determined according to the actual phenomenon of the relevant land regardless of the items in the public record book, and the fact that it has lost its phenomenon as a mountainous district;

Even if the lost situation is temporary and it is possible to restore it to the original state, the land shall be deemed a mountainous district (see Supreme Court Decisions 88Do668, Dec. 13, 198; 2007Do1018, Jul. 10, 2008, etc.).