A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to temporarily use a forest road for the purpose of creating forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails or forest trails, or other similar mountain paths, shall report thereon to the competent authority.

Nevertheless, the Defendant obtained authorization of a forest management plan with the content of opening 1.2 km as a work for the renewal of species by afforestation of head trees on the 93,620 square meters of forest land B in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do, and formed a work by using a digging machine without filing a report on temporary use of the said forest area from March 2013 to March 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of special judicial police officer;

1. Report on results of business trips;

1. The actual condition survey report;

1. Details of calculation of recovery expenses;

1. Location map and each yellow dust map;

1. Application of the Acts and subordinate statutes on photographs of unlawfully converted mountainous districts, photographs prior to establishment as works, and photographs prior to restoration of illegal mountainous district conversion;

1. Article 55 of the Management of Mountainous Districts Act and subparagraph 2 of Article 55 and Article 15-2 (2) 7 of the Management of Mountainous Districts Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 9