A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

When the defendant does not pay the above fine.

Punishment of the crime

1. A person who intends to divert a mountainous district converted into an unauthorized mountainous district shall obtain permission from the competent authority for the use thereof, as prescribed by Presidential Decree;

However, on March 2017, the Defendant changed the form and quality of a mountainous district with a total of 647 square meters (i.e., restoration cost: KRW 9.380,00) by using excavation devices for the purpose of creating access roads to farmland adjacent to the above forest land in Kimcheon-si C and D without obtaining permission from the competent authorities.

2. When it is intended to collect earth or stone in mountainous districts in a forest, other than an unauthorized state forest, it shall obtain permission from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree

In doing so, from February 2017 to July 2017, the Defendant collected earth and rocks using the excavated machine without obtaining permission from the competent authority from the area (i.e., recovery expenses: approximately KRW 14.57 million) equivalent to the size of 585 square meters in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Yellow dust survey - The application of Acts and subordinate statutes to the calculation of a location map of damaged land - a satellite photograph, area map, field photograph, and recovery amount;

1. The Act on the Amendment of the Management of Mountainous Districts (Act No. 14361) was enforced after the crime of this case was committed in relation to the crime of this case or during the process thereof, but in the case of Article 53 of the same Act, the new Act was applied since it was modified more than the previous one.

Article 53 subparag. 1 and the main sentence of Article 14(1) of the Management of the Mountainous Districts Act (unauthorized diversion of mountainous districts other than preserved mountainous districts); Article 53 subparag. 3 and the main sentence of Article 25(1) of the Mountainous Districts Management Act (unauthorized gathering of earth and stone other than preserved mountainous districts); and both of them shall be selected by imprisonment and fine, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Violation of the Forestry Act(Article 334(1) of the Criminal Procedure Act) for sentencing of Article 334(1).