The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles as to the facts charged in the instant case, even though the Defendant did not obtain permission for conversion of a mountainous district by fraud or other improper means, since he/she had the intent and capacity to conduct solar power generation projects by obtaining loans from the instant site.

2. Determination

A. Article 53 Subparag. 1 of the Mountainous Districts Management Act (hereinafter “Act”) provides that “a person who conducts conversion of a mountainous district without obtaining permission for conversion of a mountainous district in violation of the main sentence of Article 14(1) or who conducts conversion of a mountainous district upon obtaining permission for conversion of a mountainous district by false or other unlawful means.” The above penal provision provides that a person who conducts conversion of a mountainous district upon obtaining permission for conversion of a mountainous district by obtaining permission for conversion of a mountainous district shall be punished, even though the person cannot obtain permission for conversion of a mountainous district due to normal procedures, is a false

(See Supreme Court Decision 2012Do11588 Decided May 9, 2013, etc.). Meanwhile, according to Article 14(1) of the Act, a person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, size, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to obtain permission to divert a mountainous district pursuant to Article 15(1) and (2) of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 24059, Aug. 22, 2012) shall submit a written application to the Minister of the Korea Forest Service along with documents prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. Upon receipt of an application for permission to divert a mountainous district

Article 10 (2) of the former Enforcement Rule of the Mountainous Districts Management Act (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, October 26, 2012) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries