The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and a fine of twenty million won.

The Defendants respectively.

1. Summary of grounds for appeal;

A. Defendant A1’s diversion of the instant forest, which constitutes a quasi-preserved mountainous district without obtaining permission, is limited to a preserved mountainous district under the former Mountainous District Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter the same shall apply) by misapprehending the legal doctrine. Thus, Defendant A’s diversion of the instant forest, which constitutes a quasi-preserved mountainous district without obtaining permission, does not fall under the elements of Article 53 subparag. 1 of the former Mountainous District Management Act, which is an Act being enforced at the time of such act, but the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and six months of imprisonment and fine of KRW 30 million) is too unreasonable.

B. The punishment sentenced by the lower court (one year and six months of imprisonment and fine of 30 million won) is too unreasonable.

2. Determination as to Defendant A’s assertion of misunderstanding of the legal doctrine

A. Article 4(1) of the former Mountainous Districts Management Act classify a mountainous district into “a preserved mountainous district” and “a quasi-preserved mountainous district,” which is not a preserved mountainous district, and Article 14(1) of the same Act prescribes that a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree

In addition, Article 15(1) of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 27725, Dec. 30, 2016) which was delegated by the former Enforcement Decree (amended by Presidential Decree No. 27725, Dec. 30, 2016) provides different criteria for size of a mountainous district which is not a preserved mountainous district and a preserved mountainous district, depending on the area of the mountainous district

In addition, Article 18 (1) of the former Mountainous Districts Management Act provides that the standard of paragraph (1) shall be partially mitigated in the case of semi-preserved mountainous districts under paragraph (2).

B. Comprehensively taking account of the above provisions, quasi-preserved mountainous districts as well as preserved mountainous districts are subject to permission for conversion under the former Mountainous Districts Management Act.