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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A person who intends to change the form and quality of land shall obtain permission for development from a competent authority, and a person who intends to divert a mountainous district shall obtain permission from the competent authority.
However, for the purpose of creating a retail store in around April 2016, the Defendant engaged in development activities by cutting and raising land of 194 square meters among 14,923 square meters of 14,000 square meters of 194 square meters of 14,923 square meters of Cheongsung-si B forest, 3,957 square meters of 3,957 square meters of 1,586 square meters of 3,000 square meters of 1,586 square meters of 1,58 square meters of 548 square meters of 1,000 square meters of 548 square meters of Ga forest, and 395 square meters of Ga forest and 1,174 square meters of Ga, and converted the form and quality of 2,460 square meters of Ga, which is not a preserved mountainous district, at the same time by cutting and cutting standing trees.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement;
1. Application of Acts and subordinate statutes on site photographs;
1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56(1)2 of the same Act (referring to the alteration of an unauthorized form and quality) on criminal facts; Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the main sentence of Article 14(1) (referring to the diversion of an unauthorized mountainous district) on the former Mountainous Districts Management Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who commits a crime of violating the Management of Mountainous Districts with a higher punishment);
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 sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order was already submitted in the investigation process before the prosecution and reflected in the fine amount of the summary order, and thus, no further mitigation is possible.