Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, in around 2011, the Defendant, without obtaining permission, stored stone 47m2 in the above forest land by using a digging hole, etc. in the state forest located in Geum-gu, Busan, and made 276m2 out of the above forest land as a arable land by clearing it around 2014.

In this respect, the Defendant diverted mountainous districts without obtaining permission.

2. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office;

Nevertheless, the Defendant, without obtaining permission from April 2012 to April 2013, cut down 3 gone trees at the place specified in paragraph (1).

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A fact-finding report, a fact-finding report, and a report on detection;

1. Land cadastre;

1. Application of the location map, survey result map, field photograph, and photograph Acts and subordinate statutes;

1. Article 53 subparag. 1 of the Management of Mountainous Districts Act, Article 14(1) of the former Management of Mountainous Districts Act (amended by Act No. 11352, Feb. 22, 2012); Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014); the selection of each fine for a crime

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;