Defendant

B Imprisonment with prison labor of four months, and Defendant A shall be punished by a fine of seven thousand won,00,000 won.

Defendant

A The above fine shall be imposed.

Punishment of the crime

[criminal power] Defendant A was sentenced to three years of suspension of the execution on October 8, 2012 in the Daegu District Court's Ansan Branch on October 11, 201, for the crime of violation of the Road Traffic Act (driving). The above judgment became final and conclusive on February 8, 2012 and is currently in the grace period.

【Criminal Facts】

On January 2, 2012, Defendant B conspired to make farmland by cutting out and flating the trees he/she wishes to grow in the forest located in the Gyeongdong-si, Gyeongdong-do without permission of the competent authority at the Defendant’s house located in the Gyeongdong-si, Gyeongdong-si, Gyeongdong-do, and Defendant A accepted the above proposal and proposed that Defendant A create farmland from around 08:00 on January 10, 2012 without permission of the competent authority.

2. From October 17:00, from the area of 6,537 square meters in the above forest, the form and quality of the mountainous district was changed by using equipment such as digging machines, etc., and felling standing timber 684 cubic meters (total volume of 74.1 cubic meters), such as dive trees, which were located therein.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. The location map of damaged area, the field map of damaged area, and the air carrier of damaged area;

1. Forestry cadastral book and damaged area photo;

1. Each investigation report (the other party's inquiry of the E Village, the other party's inquiry of the farmland owner, the statement of work worker F, and the other party's inquiry of the farmland successful bidder);

1. Judgment: Application of the Acts and subordinate statutes on criminal records, inquiry into criminal records, and defendant's statutory statement;

1. The Defendants: Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act; Article 30 of the Criminal Act; Article 53 subparagraph 1 of the Management of Mountainous Districts Act; Articles 14 (1) and 30 of the Criminal Act;

1. Determination of a fine to Defendant A, and the imprisonment with prison labor to Defendant B

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B: Criminal Act;