A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

【Criminal Records】 On September 24, 2015, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Mountainous Districts Management Act in the Daegu District Court racing support.

【Criminal facts, the Defendant obtained permission to convert mountainous districts from the competent authority, and from September 2014, in the process of creating a site for the construction of a detached house and constructing an access road therefor in racing-si B and C from September 2014.

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on March 2015, the Defendant changed the form and quality of the mountainous district by reclaiming earth and sand generated in the process of construction of the said detached house using a digging hole on the aggregate of 1,740 square meters in four lots, including 871 square meters in size, 465 square meters in size E, 130 square meters in size, and 244 square meters in size of G, which are located near the land in which the said mountainous district was permitted to convert the same as a mountainous district.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Criminal land, on-site photographs, old map of land before illegal mountainous district, forest register, real estate register, certified copy of real estate register, documents related to permission for mountainous district conversion, and land registration and old map of mountainous district conversion permission area;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and the text of the judgment (Seoul District Court Decision 2015No. 2015, 197), and the application of statutes;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( Various extenuating circumstances, such as the fact that the defendant is pening his/her mistake in depth and the completion of restoration work for the site before illegal mountainous district);