Defendant

A shall be punished by imprisonment with prison labor for ten months and by a fine of thirty thousand won.

Defendant

A does not pay the above fine.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

Nevertheless, around June 2015, the Defendant converted the use of mountainous districts of approximately KRW 9,483 square meters by removing miscellaneous trees without obtaining permission from the competent authorities in the forest and fields C in Jeju-si, and by locating and stopping pine rootss using the cirregator.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on criminal intelligence, drawings for land use, and field photographs;

1. Investigation report (verification of land owners and hearing reports by related persons), land register, etc.;

1. Investigation report (report on confirmation as to whether the pest control work is carried out again), on-site photographs;

1. Statement made by the police against D;

1. A report on investigation (re-verification of the details of calculation of forest damage areas and damage amounts), degree of forest damage areas, a statement of calculation of amount of damage exclusive for illegal mountainous districts, and a statement of calculation of amount of damage from standing timber;

1. Application of the statutes on real estate sale contract;

1. Relevant Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act; Imprisonment with prison labor and a fine shall be imposed concurrently;

1. Suspension of execution: Article 62 (1) and (2) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances unfavorable to the reasons for sentencing: Miscellaneous timbering and land flating, even if the name of the Jeju Special Self-Governing Province, require strict punishment for the illegal diversion of mountainous districts for the sake of preserving the environment of Jeju Special Self-Governing Province; the area of the illegal diversion of the instant mountainous district is not more than 9,483 square meters; Defendant purchased the instant land at KRW 930,000,000 on June 2, 2015, and around June 2015, Defendant used the instant illegal diversion of mountainous district to convert the instant land into the instant illegal mountainous district on or around August 17, 2015; and Defendant registered the transfer of ownership in the name of Jeju Special Self-Governing Province and divided it into several pages on or around November 2015 to third parties, including E, including E, for six occasions.