Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

Anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

Nevertheless, the Defendant, without permission from the Administrator of the Korea Forest Service on 2017, converted the use of mountainous districts equivalent to 496 square meters (270 square meters in preserved mountainous districts, quasi-preserved mountainous districts: 19 square meters in size, damage recovery amount: 2,452,00 won in size) to the forests and fields located in Gyeongbuk-gun, Chungcheongnam-gun, C, D, E, and F as farmland without permission from the Administrator of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to survey reports on actual conditions, observation of damaged areas, satellite photographs of damaged areas, degree of mountainous district classification, photographs of damaged areas, standards for calculating recovery expenses (public notice by the National Forest Service), forest land register, forest land classification area calculation map, and forest area calculation map;

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 and selection of fines for criminal facts;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

A favorable normal: The defendant recognizes his mistake as a principal offender and repents, has no same power, and the forest damage area is relatively large to 496 square meters.

In light of the legislative purpose of the Mountainous Districts Management Act, it is necessary to strictly regulate and punish the act of conversion of a mountainous district without permission, and there has been no measures for restoration until now.