Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the head of the forest office to convert a mountainous district for the purpose of the use thereof, and a person who intends to engage in development activities shall obtain permission from the Mayor, notwithstanding the fact that he/she obtained permission from the head of the Korea Forest Service, the Defendant changed the form and quality of the mountainous district by making banking and mination work with a scale of 2,49 square meters and D forest land not exceeding 437 square meters in the early July 2016, for the purpose of Dorain farming, and performed development activities at the same time without obtaining permission from the head of the Korea Forest Service.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the second public trial protocol;

1. A statement prepared by the F;

1. Results of inquiries into the geographical information sources of the national land of this court;

1. Application of statutes to each accusation, on-site photographs, copies of cadastral survey results, and copies of written consents to bringing in of earth and sand;

1. Subparagraph 1 of Article 53 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) of the relevant Management of the Mountainous Districts Act (o point of exclusive use in mountain), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (a point of change in the form and quality);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who commits a violation of the Management of Mountainous Districts, the penalty of which is heavier);

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

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

1. The defendant and his defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act against the defendant and his defense counsel: (1) The defendant and his defense counsel have lost the shape of the forest as a mountainous district since the land was lost for a long time, and is not subject to the Management of the Mountainous Districts Act; (2) since the forest as C was not subject to a level of 50 centimeters or more, development activities under the National Land Planning and Utilization Act were not conducted on the ground that the land as C was not subject to a level of 50 centimeters or more; and (3) as to the forest as D with the population population D (hereinafter referred to as "D forest"), the part of the land as to the forest as D with the soil flowing into part in the mountainous district and the diversion of the mountainous district.