Defendant shall be punished by a fine of KRW 1,000,000.

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 agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and

Nevertheless, the Defendant, from the end of February 2018 to the beginning of March of the same year, was performing multi-household housing construction with a building permit in the forest and fields of Incheon Cheongjin-gun, Incheon, and used reinforced soil retaining wall (0.5 to 94m in height) differently from the existing permitted matters (2m-34m high, retaining wall, 4m-12m high, 12m high) to convert the mountainous district without permission by installing it without permission from the permitting authority.

2. A person who intends to construct a building or install a structure in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, and the same shall also apply where

Nevertheless, the Defendant installed the reinforced soil retaining wall (0.5 to 94 meters in height) without obtaining permission for development activities from the head of the competent administrative office, unlike the existing matters permitted at the same time and place as the above 1 paragraph (2m- length L retaining wall, 34m length, 4m- length, 12m L retaining wall).

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of the witness D;

1. The accusation, on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (the DNA competent officer and telephone of the Yongsan Military Office);

1. Subparagraph 1 of Article 53, Article 14(1) (a) of the Management of the Mountainous Districts Act (a point of exclusive use of a mountainous district without permission), Article 140 Subparag. 1, 56(2), and Article 56(1)1 of the National Land Planning and Utilization Act (a point of installation of an unauthorized building) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The defendant erred in sentencing of Article 334(1) of the Criminal Procedure Act.