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

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

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree;

Nevertheless, from October 5, 2016 to October 10 of the same month, the Defendant, without obtaining permission for the diversion of mountainous districts in the state-owned land B in Busan Metropolitan City from around October 5, 2016, in order to expand the leased site, filed a conversion of mountainous district into mountainous district with the excavation period of 30.5 square meters, and the Defendant buried construction wastes, forest trees, waste rocks, etc. in a mountainous district of 105.9 square meters and converted the use of mountainous district to cover KRW 1,934,50 for expenses for restoration of mountainous district.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant felled standing timber of 2.39 cubic meters, such as a single tree and a seven-dimensional tree, without obtaining permission to cut standing timber at the time and place specified in paragraph 1, and suffered damage to standing timber of 35,640 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the reporting, confirmation letter, photograph, illegal mountainous district restoration order, order to take measures, order to deposit recovery expenses, notification of deposit of recovery expenses, notification of deposit of recovery expenses, protocol and internal protocol on the status of compensation for damage to standing timber, inspection map, field photograph, location map, and notification of completion of restoration of illegal mountainous district;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Article 14 (1) (the main sentence) of the Mountainous Districts Management Act (the illegal use of mountainous districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act (the occupation of unauthorized felling of standing timber) concerning the selection of fines, and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;