Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who intends to convert a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. in accordance with classification of mountainous districts prescribed by Presidential Decree, and shall not convert a mountainous district without obtaining permission therefor.

Nevertheless, without obtaining permission from the Minister of the Korea Forest Service, etc., from April 2019 to May 2019, the Defendant: (a) cut 21 items, such as night trees, using electric saws and digging machines to create a traditional cemetery; and (b) changed the form and quality of mountainous district by installing structures, such as tombstones, columns, and tombstones, at the same time after cutting the land.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to listen to and report on the C Telephone statement of a witness);

1. Specific-use zone map and comprehensive real estate certificate in the forest information system of the Korea Forest Service;

1. Location map, degree of deforestation district without permission, and gradient;

1. Calculation details of damage from forests and application of Acts and subordinate statutes to photographs;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has not yet been restored to the original state of the mountainous district, the reason for sentencing has not yet been made. However, the court shall determine the punishment like the order by selecting a fine, comprehensively taking into account all the sentencing conditions as shown in the arguments, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.