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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 22, 2019, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at the District Court, which was sentenced to three years of suspension and became final and conclusive on the 30th of the same month.
1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree
Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2019, converted mountainous districts into mountainous districts by constructing a retaining wall of natural rocks at a height of 1 to 1.8m high from the total area of 2,587 square meters in Macheon-si, C, D, E, and F forest, which is a preserved mountainous district, without permission, and changing the form and quality of mountainous districts.
2. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors,
Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2019, performed the act of cutting the ground in 1,112 square meters among the forest land B in Gyeonggi-si, Gyeonggi-do, and constructed a natural stone retaining wall at a height of 1 to 1.8 meters, cut the ground of 40 square meters among C forest land, cut the ground of 245 square meters among G land, thereby changing the form and quality of land and installing structures, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of H and I;
1. Each accusation;
1. Survey maps of the current status of illegally damaged land, illegal damaged land maps, site photographs, illegal current status survey maps of development activities, illegal old map, forest land cadastre, and land cadastre;
1. Investigation report (the telephone conversation of a public official of the Poting and Viewing service);
1. Previous convictions in judgment: Criminal records, investigation reports (prior records and confirmations before the last sentence of Article 37 of the Criminal Act), one copy of judgment, and one copy of case-to-case information inquiry shall be applied;
1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts, and subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act on the same criminal facts;