A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

When the defendant does not pay the above fine.

Punishment of the crime

Any person who intends to convert a mountainous district shall designate its use and obtain permission therefor from the Minister of the Korea Forest Service.

1. Nevertheless, in May 201, the Defendant cut and filled up the farmland equivalent to 631m2 out of the above forests to use the said forests as farmland without obtaining permission from the head of Pyeongtaek-gun, Gyeonggi-do Forest and C Forest, which is owned by the Defendant’s father D, and the Defendant converted the use of the said forests as farmland.

2. Nevertheless, in May 2012, the Defendant cut and filled up the land equivalent to 327 square meters out of the above forests and fields to use the said forests and fields as farmland without obtaining permission from the head of Pyeongtaek-gun in the Gyeonggi-si B forest and C forest, which is owned by the Defendant’s father of the Defendant, in the early May 2012.

3. Nevertheless, in May 2014, the Defendant cut and filled up the forest equivalent to 2,184 square meters out of the above forest in order to use the said forest as farmland without obtaining permission from the head of Pyeongtaek-gun in Gyeonggi-si B forest and C forest, which is owned by the Defendant’s father, as farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Flightman, on-site dust, and aeronautical satellite photographs;

1. Control surveying map;

1. Each investigation report (a description of attached documents);

1. Application of Acts and subordinate statutes of notification of restoration order for unlawfully converted mountainous districts;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Concurrent imposition of imprisonment and a fine) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has committed a crime, and that there is no record of punishment for the same kind of crime in the past, and that the area of the mountainous district converted by the defendant without permission is considerable, but the defendant has been unlawfully converted.