A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall, when he/she intends to engage in development activities, such as changing the form and quality of land, obtain permission for development activities from the competent authority;

Nevertheless, without obtaining permission from the competent authority around October 2017, the Defendant engaged in development activities by cutting and banking up part of 808 square meters of the above land, while constructing roads and sites in Gwangju-si forest and field.

2. Any person who violates the management of a mountainous district shall obtain permission from the competent authority according to the classification of types, areas, etc. of the mountainous district when intending to divert such mountainous district;

Nevertheless, on October 2017, the Defendant converted mountainous districts into mountainous districts as described in paragraph (1) without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. A written accusation;

1. On-site photographs and damaged area map [the defendant and his defense counsel are not an actor of the development activities in this case and mountainous district diversion activities. However, according to each of the above evidence, it is sufficient to recognize the defendant as a contractor who entered into a construction contract on a lot of land as a contractor who cut and embling the part of the facts charged as an actor.

“Development activities” under each subparagraph of Article 56(1) of the National Land Planning and Utilization Act and Article 14(1) of the Mountainous Districts Management Act are acts of physical change to the exterior, and it is not impossible to engage in development activities as an actual actor even if it is not the landowner, lessee, or project owner.

A contractor who entered into a contract for construction with a landowner is entitled to occupy land until the implementation of construction works on land is completed, and the contractor can also engage in development activities on land and conversion of mountainous districts without permission.