1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

From August 2008 to April 30, 2013, the Defendant converted the use of mountainous districts into a charnel site after installing cement structures and news block, etc. on approximately 678 square meters among the forest land in Gwangju City without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

2. Written statements of D;

3. Illegal status of aviation;

4. Location map and on-site photographs;

5. Application of Acts and subordinate statutes to a full certificate of registered matters (including cancellation matters);

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

2. The portion not guilty under Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. The summary of the facts charged is as follows: (a) the Defendant, without obtaining permission from the competent authority from around April 198 to April 30, 2013, converted the use of mountainous districts into the site of a religious facility by installing artificial fountains and Buddhist sculptures, etc. after stopping the land from around 341 square meters among the forest land in Gwangju-si, Gwangju-si; and (b) from around April 2008 to April 30, 2013, the Defendant converted the use of mountainous districts into the site of a religious facility without obtaining permission from the competent authority; and (c) from around 30 April 208 to April 30, 2013, 63

2. Determination

(a) Whether land is a mountainous district or not under the Mountainous Districts Management Act shall be determined according to the actual phenomenon of the land concerned, regardless of its land category in the public record book;

Therefore, if land, the public register category of which is forest land, loses its phenomenon as forest land and its lost condition cannot be deemed a temporary site, it does not constitute “forest area”, and as a result, is not subject to permission for mountainous district conversion under the Mountainous Districts Management Act.

In addition, a person who succeeds to land in a state where the form and quality of a mountainous district have been altered by himself/herself, not a person who has changed the form and quality of a mountainous district, shall not be deemed to constitute a crime of conversion only by the use of the succeeded land, unless it is recognized as a joint principal offender