Defendant shall be punished by a fine of KRW 2,000,000.

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;

Nevertheless, on November 2016, the Defendant reclaimed 756 square meters of the above land by removing soil and rocks, standing trees, etc. from the land owned by Chocheon-si, Incheon-si, without obtaining permission from the competent authorities.

As a result, the Defendant converted the use of mountainous districts without obtaining permission to convert mountainous districts.

2. A person who intends to fell standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, the Defendant cut down 1.177 square meters of trees, such as Arabic trees, without obtaining permission from the competent authorities, at the same time and place as above.

Accordingly, the defendant cut standing timber without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of investigation results;

1. Application of the location map, on-site photograph, cadastral map, and satellite photograph statutes;

1. Article 53 Subparag. 1 of the relevant Act and Articles 14(1) (unauthorized mountainous district) of the Management of the Mountainous Districts subject to the option of punishment concerning criminal facts, Articles 74(1)3 and 36(1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act, and selection of fines, respectively;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the amounts of both crimes above] Article 38 (1) 2 and Article 50 of the same Act;

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 concerning the order of provisional payment;