The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) while the Defendant borrowed a forest adjoining to 2,431 square meters (hereinafter “the instant forest”) from Sejong Special Self-Governing City Special Self-Governing City from the Ministry of Strategy and Finance and planted and used the landscape trees, the Defendant was solicited to transplant landscape trees from the Korea Asset Management Corporation (the trustee of the Planning and Finance) and cut trees for transplantation.

However, the Defendant, in the course of using the leased forest land, was aware of the fact that the instant forest land under the jurisdiction of the Korea Forest Service, which was the land under the jurisdiction of the Korea Forest Service, was erroneously and erroneously managed the forest under the jurisdiction of the Ministry of Strategy and Finance, and was not aware of the fact that it was required to obtain permission from the Korea Forest Service.

2. Determination

A. Article 74(1)3 of the Creation and Management of Forest Resources Act (amended by Act No. 12415, Mar. 11, 2014; hereinafter “Forest Resources Act”) provides that “a person who, in violation of Article 36(1), fells standing timber, etc. without permission from the head of a Si/Gun/Gu or the head of a regional forest office, in violation of Article 36(1).” Article 36(1) provides that “a person who intends to thin standing timber, extract or gather forest products (hereinafter “standing timber, etc.”) shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs

On the other hand, Article 36 (4) of the Forest Resources Act and Article 42 (2) of the Enforcement Decree of the same Act allow the cutting of trees by reporting in certain cases, and Article 36 (5) of the Forest Resources Act, Article 43 of the Enforcement Decree of the same Act, and Article 47 of the Enforcement Rule of the same Act stipulate cases where felling trees can be cut without permission or reporting.

National land is intended to protect and develop forests, improve the productivity of forestry, and promote the public functions of forests by prescribing the provisions of the aforementioned statutes and the fundamental matters concerning the proliferation of forest resources and forestry.