A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to divert a mountainous district shall determine its use and obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and shall not divert a mountainous district without obtaining permission therefor, or shall not divert a mountainous district upon obtaining permission to divert a mountainous district by false or other unjust means.

Nevertheless, from September 2012 to May 5, 2016, the Defendant diverted a mountainous district of approximately KRW 8,735 square meters from the competent authority in Chang-gun, Chungcheongnam-gun, Seoul, without obtaining permission from the competent authority, to convert a mountainous district into a manner of flatly arranging the mountainous district of approximately 8,735 square meters by using a excavation season.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1348, Apr. 1, 201)