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. The Defendant violated farmland law owns 770 square meters prior to C in Kim Jong-si, outside an agricultural promotion area.

In order to use farmland outside the above agricultural promotion zone for other purposes, permission to convert farmland must be obtained.

Nevertheless, on October 2016, the Defendant: (a) sealed the area of 310 square meters of the above farmland on the surface of the said farmland, which is a concrete building; and (b) diverted farmland without permission.

2. The Defendant in violation of the Management of Mountainous Districts Act is an owner of a forest of 13,411 square meters (share 1/4) in the city of Kim Jong-si.

A person who intends to divert a mountainous district shall obtain permission from the head of the forest office to determine the purpose thereof.

Nevertheless, the Defendant, on October 2016, sealed the area of 1,659 square meters of the above forest, such as putting concrete snow on the area of 1,659 square meters of the above forest, and diverted the use of the mountainous district without permission.

3. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, on October 2016, the Defendant: (a) sealed the area of 2,023 square meters in total, such as 1,659 square meters among D forest land in Kim Jong-si; (b) 54 square meters among E districts; and (c) 310 square meters among the entire land; and (c) changed the form and quality of land without permission.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of F and G;

1. Written accusation, on-site photographs and location map;

1. Application of Acts and subordinate statutes on criminal investigation reports;

1. Article 57(2) and Article 34(1) of the Farmland Act (the point of exclusive use of farmland without permission) regarding the facts constituting an offense; Article 6 of the Addenda to the Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Articles 140 Subparag. 1 and 56(1)2 of the National Land Planning and Utilization Act (the point of exclusive use of farmland without permission)

1. The punishment imposed on the violation of the Act on the Management of Mountainous Districts is more severe than the punishment prescribed on the violation of the National Land Planning and Utilization Act. Thus, the so-called "conformative effect."