A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of a forest office or such;

Nevertheless, from around September 2006 to September 2016, the Defendant operated a secondhand shop in Gwangju City B (YY) to the trade name of "C", and used scrap metal, etc. on forest land of 415 square meters as a water-based business site.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, from around September 2006 to September 2016, the Defendant entered scrap metal, etc. in Gwangju City D (former) before 1,954 square meters and used it as a solid business site.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act concerning the facts constituting an offense, Articles 57 (2), 34 (1) (unauthorized farmland) of the Act, subparagraph 1 of Article 53 and Article 14 (1) of the Mountainous Districts Management Act, and the choice of imprisonment with prison labor for each type of crime;

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. For the reason of sentencing under Article 62(1) of the Criminal Act, the size of the mountainous district and farmland damaged by the instant crime for the reason of sentencing under Article 62(1) of the suspended sentence, the background leading to the instant crime, and the fact that the restoration to the original state is deemed to have been performed after the closure of pleadings, the fact that there is no criminal record of the same kind, etc. shall be determined as per Disposition by comprehensively taking into account all the factors of sentencing as shown in the instant trial process, including the Defendant’