The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely executed a construction work in an area where I was permitted to do so at the time of public land, and the forest was damaged due to flating work, and there was no fact that the Defendant damaged the forest of the instant forest.

B. The court below’s sentence of unfair sentencing (the fine of KRW 5,00,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is that C was engaged in work in D, one week in a city where a building permit was obtained through a mountainous district conversion consultation for the purpose of constructing a new house retail store and opening an access road. On June 5, 2012, the Defendant damaged mountainous districts worth KRW 6,584,000 at a market price by flating a mountainous district equivalent to KRW 1,831 square meters of forest land outside the permitted place on the ground that it is difficult for C to proceed with construction equipment due to the corner of forest land, although land category was a ginseng field on June 5, 2012.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

C. However, it is difficult to accept the judgment of the court below for the following reasons.

According to the records, the following circumstances are recognized:

① On July 7, 2012, the Defendant entered into a contract for the construction of a house retail store and an access road on the ground of approximately 2,600 square meters of C and Gongju City, J through K, for the purpose of opening a house retail store and an access road, and there is no fact that the Defendant entered into a contract for the construction of spble trees.

② At the lower court’s court, C stated that the Defendant was Kim Go, not the Defendant, to engage in the work of cutting down the instant forest.

③ G, along with the Defendant, engaged in drilling work on the J, L, and M adjacent to the instant forest, cut L in contact with the instant forest in the lower court, and was lower than that of the instant forest, and thus, did not keep equipment in the instant forest after passing through the instant forest. The Defendant was equipped with equipment in the instant forest.