The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant's appeal grounds (unfair sentencing) reflects the error of the defendant and restores the cut woodland to its original state, the court below's sentence that sentenced fines of KRW 10,000,000 is too unreasonable.

2. Although the defendant did not obtain permission, and the area of the forest exclusively used for the mountainous district reaches 4,095 square meters without permission, the defendant divided the defendant's wrong, and completely restored the forest unlawfully used for the mountainous district to its original state; the defendant did not have any record of criminal punishment and did not have any criminal record for the same kind of crime; and the defendant's age, sex, conduct, environment, motive and background of the crime, circumstances after the crime, etc. are considered in light of all the conditions of sentencing as stipulated in Article 51 of the Criminal Act as stated in the records and changes theory of the case, such as the defendant's age, sex, criminal conduct, environment, motive and circumstance after the crime, etc., the above assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 53 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, and Articles 140 subparagraph 1 and 56 (1) 2 (unauthorized development acts) of the National Land Planning and Utilization Act concerning the facts constituting the crime;

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

1. Selection of an 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;