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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A person who intends to convert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree with regard to the use thereof; and a person who intends to temporarily use a mountainous district for the purpose of installing simple facilities for agriculture, forestry and fishery, with respect to mountainous districts which are not state forests
1. In around 2012, the Defendant, without obtaining permission for mountainous district conversion, installed two containers in the forest and field B in Gyeongnam-gun, Gyeongnam-gun, and cut and filled up the ground of 1,310 square meters out of the above forest and field, in order to create a garden. On December 2, 2014, the Defendant changed the form and quality of the above forest and converted the use of mountainous district to cover approximately KRW 6,265,00,00 for restoration expenses, by changing the form and quality of the water tank to install a water tank in the forest and field C in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun.
2. On March 2015, the Defendant, without filing a report on temporary use of a mountainous district, installed a vinyl house with a size of 86 square meters equivalent to that of a simple facility for agriculture, forestry, and fishery in the said B forest.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the actual survey report;
1. Article 53 subparagraph 1 of the Mountainous Districts Management Act, the main sentence of Article 14 (1) of the same Act, subparagraph 2 of Article 55 and the main sentence of Article 15-2 (2) of the Mountainous Districts Management Act, the selection of fines for criminal facts, as well as the selection of penalties;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;