Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous district by determining its use, and no person shall divert a mountainous district without obtaining permission to divert it

Nevertheless, on March 20, 2017, the Defendant, using the digging pool without obtaining permission from the competent authority on the conversion of mountainous districts, laid down approximately 300 square meters among the forest land located in Chuncheon City, and filled up approximately 43 square meters among the forest land located in the same city, using the cut earth and sand, approximately 487 square meters among the forest land located in E, and approximately 743 square meters among the forest located in F, respectively.

Accordingly, the defendant converted a mountainous district without permission for mountainous district conversion.

Summary of Evidence

1. The Defendant’s legal statement [the Defendant’s legal statement is smaller than 300 square meters in a size below 300 square meters in a city forest in Chuncheon, and the permission for conversion of forest land D, E, or F is granted for forest land located therein, and the relevant forest land does not constitute a violation of the Management of Mountainous Districts Act.

However, according to the evidence below, it is acknowledged that the filled-up area of C forest is 300 square meters or more, among the remaining forest parts, the filled-up area in violation of mountainous district management law is an area excluding the area permitted for diversion of mountainous district (it is clearly confirmed that the area is excluded from the area permitted as green on the old map attached to the actual survey report) and the evidence submitted by the defendant is only a written statement that there was no damage in the surrounding mountainous district or a photograph taken after the mountainous district was damaged, and thus it does not interfere with the recognition of the above facts. Thus, the defendant's assertion is not accepted).

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of fines for criminal facts;

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

1. The Criminal Procedure Act of the Provisional Payment Order.