The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The charges charged by the lower court that found the Defendant guilty and sentenced the Defendant to a fine of KRW 3,00,000 are as follows: Provided, That the following charges are as follows: (a) (b) (c) A person who intends to divert a mountainous district shall obtain permission from the head of the forest office, etc. according to the classification of the type, size, etc. of the mountainous district specified by Presidential Decree, and the same shall also apply where he/she intends to modify the permitted matters.

On September 24, 2012, the Defendant was authorized to revise the forest management plan with regard to the alteration of the afforested area, the alteration of the species of trees afforested, the alteration of routes, length, or the alteration of width due to work, for the purpose of forest management by installing roads for planting and work trees for Cheongju-gu C Forest (hereinafter “instant land”).

However, unlike the above authorized matters, on May 2014, the Defendant opened access roads to the use of farming land by cutting and flating the land of 761 square meters among the above forest land by using pokes, and (j) around April 2015, the Defendant extracted the mulberry tree seedlings where the land was cut and planted using pokes for the purpose of organizing the site for 778 square meters among the above forest land.

As above, the Defendant converted the use of mountainous districts without obtaining permission by changing the form and quality of forest land of 1,539 square meters in total.

2. Summary of the grounds for appeal and the judgment of the court below

가. 항소 이유의 요지 ⑴ 사실 오인 내지 법리 오해 ㈎ 공소사실 ㉮ 부분에 관하여 피고인이 불명확한 시기에 이 사건 토지 내에 이 사건 수사기록 제 13 쪽의 작업 로를 개설한 사실은 인정하나, 그 면적은 공소사실과 다르다.

According to the Defendant’s measurement conducted by himself/herself, such as a photo submitted to the trial court on August 4, 2016, the part of “A” in “A” of the see the Defendant’s submission (23 pages of trial records) is 132 square meters among the work established by the Defendant, and the part of “C” is deemed to be less than 66 square meters, and is merely deemed to be less than 66 square meters.