A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district.

The Defendant is the owner of approximately 5,881 square meters of C forest land in Ansan-si, which is a preserved mountainous district, and there are E forest land adjacent to the aforesaid forest and fields owned by D.

The Defendant: (a) developed and traded the forest land of F and C as a house site of a farm household; and (b) concluded a verbal contract to divide profits therefrom; and (c) requested a construction design office operated by G to grant permission to convert the forest land of G on December 5, 2016; but (d) it was impossible to obtain permission to convert the mountainous district as soon as possible due to a small river maintenance plan in the vicinity.

On December 13, 2016, the Defendant applied for the permission to cut standing timber on or around the same day, and obtained permission to cut standing timber from the Asan City Mayor on or around December 15, 2016. On the same day, the Defendant obtained a written consent from the said D to use part of the above E forest as a road, and cut the above C forest land 5,881 square meters and trees of E forest land 724 square meters at around that time.

After that, on February 2017, the Defendant did not obtain permission to convert mountainous districts from “H” restaurant operated by the Defendant’s wife, while the fact was not known to F, F made F to remove the roots of the said C forest land and trees remaining in the forest and E, which was cut as above, from March 2017 to April, 2017, and cut the said C forest and forest into a stairs way, and cut the said C forest and forest into a stairs way and cut the soil from that process into I and J (former) land.

As a result, the Defendant converted the preservation mountainous district to mountainous district without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Each police statement concerning K, F, or L;

1. A report on investigation (Submission of a written statement) and M;

1. The actual survey report;