Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A person who intends to convert a mountainous district into a mountainous district, such as afforestation, forest tending, felling or digging out standing trees, gathering forest products, such as earth and rocks, cultivating forest products, or using it for purposes other than temporary use of the mountainous district, or changing the form and quality of the mountainous district for such purposes, shall obtain permission from the competent authority.
The Defendant, without obtaining permission from the competent administrative authority on April 2017, 2017, contained a concrete package in the part of 120 square meters among 275 square meters of B forest land in Yyang-si, a quasi-preserveded mountainous district. On April 2018, the Defendant changed its form and quality while creating a warehouse site in the part of 3,306 square meters of C forest land, which is a quasi-preserved mountainous district, and changed its form and quality to 720 square meters of 3,306 square meters of forest land and 38,777 square meters of forest land, a quasi-preserved mountainous district, and a mountainous district for forestry use.
As a result, the Defendant converted mountainous districts to mountainous districts without obtaining permission to convert mountainous districts other than preserved mountainous districts.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Illegal compact photographs;
1. Surveying map;
1. Flightman (No. 6 No. 5 of the evidence list);
1. Forest land register;
1. Damaged area;
1. Application of the Acts and subordinate statutes governing land use planning;
1. Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 53 Subparag. 1 and 14(1) of the relevant Mountainous Districts Management Act; the main sentence of Article 53 Subparag. 1 and Article 14(1) of the relevant Mountainous Districts Management Act; the selection of each fine, etc.
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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.
The circumstances disadvantageous to the disadvantage: The fact that the exclusive area without permission has been reported by itself after being aware of the violation of the Act and whether the exclusive area has been violated.