Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province branch, or the head of a Si/Gun, to construct buildings or to install structures under Article 56 (1) of the National Land Planning and Utilization Act;

Nevertheless, the Defendant, who obtained permission to engage in development activities under Article 56(1) of the National Land Planning and Utilization Act from October 2019 to early October 2020, performed construction of a concrete retaining wall with a height of about 15 meters from Pocheon-si B to early October 2020, and carried out construction of the above retaining wall without obtaining permission to change it.

2. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and the same shall also apply where he/she intends

Nevertheless, the defendant, while carrying out the above construction with permission to divert the mountainous district at the same time and place as the above 1 paragraph, destroyed the 3,264 square meters of Myeon-type forests without obtaining permission to divert the mountainous district by smelling trees outside the boundary of the permitted site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation book, written statement, survey drawings of current status, measurement maps of current status, and areas of destroyed and damaged areas, plans for construction, land utilization plans, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation report (pactical photographs of damaged forests and accompanying documents of suspect hospital records);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (2) of the same Act concerning facts constituting a crime; Article 54 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.