Defendant shall be punished by a fine of KRW 3,500,000.

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

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, on April 2015, the Defendant converted the use of mountainous districts into mountainous districts in a manner that changes the form and quality of mountainous districts by cutting away trees with refluences without obtaining permission to divert mountainous districts on April 28, 2015, Nam-gu Seoul Special Metropolitan City, Nam-gu, Seoul Special Metropolitan City.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, the Defendant cut standing timber in a way that he well felling about 14 pieces, such as flady trees, which were planted therein without obtaining permission from the head of a Si/Gun/Gu or the head of a local forest office, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a survey report on actual condition;

1. Application of each video statute to a location map, the site photograph of the case, and the current status of illegal mountainous district;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) (the main sentence) of the Management of the Mountainous Districts for the Establishment and Management of Forest Resources Act concerning the facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (the occupation of felling unauthorized trees and the selection of fines);

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the aggregate of the amounts of both crimes above shall be added];

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the accused has been subject to three times (two times a suspended sentence of imprisonment and one time a fine) for the same kind of crime, and the accused is under suspended sentence.