Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission to divert a mountainous district from the competent authority according to the classification of the types, areas, etc. of the mountainous district according to the classification of the use thereof, and a person who intends to engage in development activities, such as changing the form and quality of land

Nevertheless, from March 25, 2016 to August 30, 2016, the Defendant changed the form and quality of the forest by cutting and filling the ground, without obtaining permission for the diversion of mountainous district and permission for development of mountainous district from the competent authority, with respect to the aggregate of 4,824 square meters of forest land, such as 1,127 square meters in Gyeonggi-gun, 605 square meters in forest land in D, 2,335 square meters in forest land in E, and 757 square meters in forest land in F, and changing the form and quality by filling the ground without obtaining permission for the de facto farmland 1,938 square meters in the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The map of illegal geographical survey, a certified copy of cadastral map, a land use plan confirmation, a forest register, and a land register;

1. Application of statutes on site photographs;

1. Article 53 subparag. 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14(1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, and Articles 140 subparag. 1 and 56(1) (unauthorized development acts) of the National Land Planning and Utilization Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on the violation of the provisions of the Mountainous Districts Management Act and the violation of the National Land Planning and Utilization Act concerning the change in the form and quality of forest land)

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case, such as the circumstance that the size of the mountainous district damaged by the crime of this case is very wide, there is no record of punishment imposed by the defendant more severe than the same crime or fine, and the completion of the restoration of the damaged mountainous district, etc. is completed.