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;

Nevertheless, the Defendant diverted a mountainous district equivalent to 1,596 square meters in total, without permission from the competent administrative agency having jurisdiction over the Simnae Park on December 2, 2014, for the purpose of illegally damaging the forest land of 684 square meters among the land B in Gyeonggi-gun, 351 square meters among the land C, and 561 square meters among D land.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority for development activities in order to construct buildings, install structures, change the form and quality of land, etc.;

Nevertheless, the defendant did development activities without permission, such as changing the form and quality of land equivalent to a total of 1,596 square meters as stated in the paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. On-site photographs of illegal matters, the calendar map of the area where illegal damage occurred, and satellite photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 12738, Jun. 3, 2014); Article 140 Subparag. 1 and Article 56(1)2 of the former National Land Planning and Utilization Act (Amended by Act No. 12738, Jun. 3, 2014) on criminal facts (amended by Act No. 12738, Jun. 3, 2014);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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;