Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

On September 2017, the Defendant converted a mountainous district into a mountainous district with regard to 811 square meters by cutting the ground by using excavation cutting machines, etc. in Jincheon-gun, Jincheon-gun, which is a preserved mountainous district.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the head of the forest office.

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a local forest office, etc. as prescribed by Ordinance of the Ministry of Agriculture and Forestry, for felling standing timber, gathering or gathering forest products in a forest;

Nevertheless, the Defendant, without obtaining permission, cut down 35gs of standing trees, such as saw trees, etc. in the place of electric saws, at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of reference witness for police against C;

1. Materials accompanied by a report on reference witness (written complaint and petition);

1. A survey report on actual conditions;

1. Location map;

1. Sites prior to illegal mountainous districts and photographs of neighboring forests;

1. A forest survey report on a site before illegal mountainous districts;

1. Application of statutes on ground plans of actual survey status;

1. Article 53 of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 53 of the Mountainous Districts Management Act, Article 14 (1) of the Mountainous Districts subject to the Selection and Management Act (a point exclusively for an unpermitted conservation mountainous district), Article 74 (2) 2, Article 36 (1) of the Creation and Management of Forest Resources Act (a point of unpermitted felling standing timber), and selection of fines, respectively;

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. Article 334(1) of the Criminal Procedure Act provides that “The Defendant and his defense counsel asserts to the effect that “the trees, without permission, cut down by the Defendant, are not less than 35 glus as indicated in the facts charged, and not more than 35 glus, as indicated in the facts charged.”

However, according to the above evidence, the defendant's crime is established.