Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On March 2016, the Defendant converted the use of mountainous districts to develop orchards without obtaining permission from the competent authority on the aggregate of 550 square meters of C forest land, 4,000 square meters of D forest land, and 4,790 square meters of forest land, E, 240 square meters of forest land in Nam-si, Namwon-si, Seoul, by using heavy equipment, such as dumpers, in order to create orchards.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of areas damaged by forests;

1. Degree of the actual status of the GPS in the area damaged by the forest;

1. Investigation report under investigation;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is a broad area where the mountainous district damaged is 4,790 square meters, and that part of the Defendant’s mountainous district owned by another person is also damaged is disadvantageous to the Defendant.

However, the fact that the defendant reflects the defendant, the defendant did not have any specific criminal record other than the previous criminal records of fines twice, the fact that the defendant has no record of committing the same kind of crime, and the fact that the defendant has completed restoration measures for the mountainous district damaged as above is considered as favorable to the defendant, and the punishment shall be determined like the order, taking into account all the various sentencing conditions specified in the argument