Defendants shall be punished by imprisonment with prison labor for one year and by a fine of twenty thousand won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants are co-owners of 33,722 square meters of forest E in Jeju.

A 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 prescribed by Presidential Decree.

From the beginning of June 2016 to August 2016, the Defendants changed the form and quality of 21,218 square meters in the same mountainous district to cut down miscellaneous trees planted in forests and fields using pokes, and fill up 25 tons of dump truck with earth and stone corresponding to approximately 104,131,000 won.

As a result, the Defendants conspired to divert the mountainous district without permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each special judicial police officer with respect to F, G, and H;

1. Current status and recovery of illegally transferred land;

1. A detailed statement of calculating the amount of damage;

1. Design documents for restoration;

1. Each land register and cadastral map;

1. A certificate of land use plan (E);

1. Application of each on-site photograph, aerial photography, or comparative photography statute;

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Management of the relevant Mountainous Districts Act and Article 30 of the Criminal Act concerning criminal facts: The Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and was enforced on June 3, 2017. Each of the instant offenses was committed prior to the act of transfer, or since the statutory penalty of the new law is more than the statutory penalty of the former Act, the new law should be applied pursuant to Article 1(2) of the Criminal Act.

1. The punishment of imprisonment with prison labor and a fine shall be imposed concurrently;

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

1. Articles 62(1) and 62(2) of the Criminal Act of the suspended sentence (with respect to imprisonment, considering the conditions favorable to the Defendants among the reasons for the following sentencing)

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of Jeju-do as to the act of converting the illegal mountainous district into the illegal mountainous district is to preserve the beautiful natural environment of Jeju-do and to hand it over to its descendants, and according to the fact that the illegal mountainous district area of this case is broad, etc.