Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Punishment of the crime

1. Defendant A

(a) A person who intends to divert a mountainous district converted to an unauthorized mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed

The defendant is the representative director of the corporation B, and the corporation B obtained permission to convert mountainous districts from Asan City D and performed the construction of factory site.

From June 2016 to August 2017, the Defendant: (a) performed the construction of the instant factory site from around June 2016 to around August 2017; and (b) removed trees and performed flat work as to E (2,735 square meters), a neighboring forest and field, F (462 square meters), G (258 square meters), and H (70 square meters).

Accordingly, the Defendant used a mountainous district of approximately 4,155 square meters in total without obtaining permission to convert mountainous districts.

(b) Where the volume of earth or stone incidentally gathered in the course of converting a mountainous district into a forest which is not an unauthorized state forest, but a person who has obtained permission to divert a mountainous district, exceeds 50,000 cubic meters and the area of collecting earth or stone is less than 10,000 square meters, the person shall obtain permission from the head

During the same period as indicated in paragraph (1), the Defendant collected approximately 304,608 square meters of soil and stone (an area of approximately 59,660 square meters, and approximately 244,948 square meters of soil and stone) by excavating more depth than the gathering line planned at the time of permission to convert a mountainous district without obtaining permission from the competent authority while performing construction of a factory site in ASEAN-si, Asan-si without obtaining permission from the competent authority.

2. Defendant B’s representative, the Defendant Company B, committed the same offense as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to I, J, and K;

1. A survey report on actual conditions;

1. Investigation report (the result of surveying illegal matters);

1. A report on investigation (calculated amount of damage);

1. Application of the instant GPS survey drawings, history aerial photographys, and field photo-related Acts and subordinate statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 53 subparag. 1 and Article 14 subparag. 1 of the Mountainous Districts Management Act (unauthorized conversion of mountainous districts)