Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

[Criminal Power] On June 1, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of the exercise of rights by the District Court of the Speaker on June 1, 2018, and the judgment became final and conclusive on May 13, 2019.

【Criminal Facts】

B is the representative of D Co., Ltd. who carries on the collection of earth and rocks in one of the forests and fields C, and the defendant is the representative of E Co., Ltd. who has entered into a contract for the processing of aggregate production with the above company.

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, the Defendant and B conspired to cut and filled up a part of 2,472 square meters of each of the above forests and fields in order to establish an access road to collect earth and rocks without obtaining the said permission from the police officers in Macheon-si and F during the period from October 2017 to December 2017, thereby changing the form and quality thereof.

Accordingly, the defendant and B conspired to convert a mountainous district without obtaining permission for conversion.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning G;

1. Minutes and land use planning confirmation personnel;

1. The location map, damaged land measurement map, annual aerial photography of illegal mountainous district, on-site photographs of illegal mountainous district, and blasting plan;

1. Previous conviction in judgment: Application of the defendant's statutory statement statutes;

1. Article 53 (1) of the Act on the Punishment of Mountainous Districts and the latter part of Article 53 (1), the main sentence of Article 14 (1), Article 30 of the Criminal Act, the selection of fines for criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It shall be without permission in light of the purport of the Management of Mountainous Districts Act, which reasonably preserve and promotes the public function of forests by using mountainous districts, and limits the diversion of mountainous districts by nature-friendly means.