Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant is a person who has performed construction works for building sites for factories in the Slified City D.

Any person who intends to engage in development activities shall obtain permission from the Mayor.

Nevertheless, on April 2016, the Defendant conducted development activities by changing the form and quality by using c,213 square meters of E forest and 937 square meters of F forest, which is a neighboring forest in the construction site of the factory site, without obtaining permission from the Mayor, and by cutting approximately 10 meters of forest, the Defendant conducted development activities using c,213 square meters of forest and forest in the vicinity of the construction site of the factory site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. A certificate for all registered matters;

1. Location map and on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (all circumstances, including the fact that the defendant repents and reflects the crime, the fact that there are circumstances that may be considered in the course of the crime, and the fact that the defendant has smoothly agreed with the owner of the relevant land regarding the cut part);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the part in violation of the Management of Mountainous Districts Act) of the order of provisional payment;

1. In the facts charged, the Defendant is a person who performed construction works for building sites for factories in C in Sungsung-si.

A person who intends to divert a mountainous district shall obtain permission to divert a mountainous district from the head of the forest office by determining the purpose thereof.

Nevertheless, without obtaining permission from the head of the Korea Forest Service, the Defendant changed the form and quality by cutting the ground as stated in the facts constituting a crime and converted the use of mountainous district.

2. According to the evidence duly adopted and examined by this court, the sole evidence submitted by the prosecutor alone is insufficient to recognize that the land of 3,213 square meters and 937 square meters in forest land is a mountainous district prescribed in Article 2 of the Mountainous Districts Management Act when the Defendant cut the ground, and there is no other evidence to acknowledge it.

3. Conclusion.