A defendant shall be punished by imprisonment for six months and by a fine of 5,000,000 won.

The defendant does not pay the above fine.

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the types, size, etc. of mountainous districts specified by Presidential Decree, and a person who intends to engage in development activities, such as changing the form and quality of land

Nevertheless, around July 2018, the Defendant diverted a mountainous district equivalent to approximately KRW 13,761 square meters (forest restoration cost of KRW 321,728,00) by using scrailss, etc. to create a site for a site for a site for a site for an expressway expansion works without obtaining permission from the competent administrative agency, and simultaneously changed the form and quality of land in the quasi-preserved mountainous district of KRW 13,761 square meters (forest restoration cost of KRW 321,728,00).

Summary of Evidence

1. Defendant's legal statement;

1. On-site report on the results of verification, on-site survey report, and on-site reports on the results of each business trip;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Article 2019No. 1161 No. 5, 11);

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Mountainous Districts Management Act of which punishment is heavier);

1. Selection of punishment, and the concurrent imposition of fines;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order [unfair circumstances] is that the diversion of mountainous districts causes social losses by damaging a valuable forest that is a minor cause, and the restoration to the original state requires considerable time and expenses. Therefore, it is necessary to prevent such act through appropriate punishment.

In addition, the area of the mountainous district damaged by the defendant is reasonable.

Defendant has already been punished by a fine due to a violation of the Mountainous Districts Management Act.

[Ligue circumstances] The Defendant committed the instant crime.