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

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

Punishment of the crime

The Defendant, as a civil construction contractor at the end of 2018, received a request from B to reed the land owned by B in the Jeonnam-gun C, Jeonnam-gun, to reed the land into a dry field where fruit trees, such as trees and rooms can be planted.

1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

From January 1, 2019 to February 2, 2019, the Defendant changed the form and quality of the said land by cutting, raising, or installing stone, etc. on the land of 8,060 square meters among D land, 451 square meters among E land, 305 square meters among F land, 217 square meters among G land, 542 square meters among H land, 1,498 square meters among H land, 542 square meters among J land, 77 square meters among K land, 401 square meters among K land, 956 square meters among L land, 11,956 square meters among M land, 18 square meters among M land, and 187 square meters among M land.

Accordingly, the defendant was engaged in development activities without permission from the competent authorities.

2. Any person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent administrative agency for its purposes;

From January 1, 2019 to February 2, 2019, the Defendant changed the form and quality of a mountainous district to use the said mountainous district for farmland other than afforestation, etc. by cutting, embling, embling, installing a stone shed, etc. on the land of 8,060 square meters among D land, 201 square meters among D land, 401 square meters among K land, 3 square meters of total of 187 square meters among M land, and changing the form and quality of the mountainous district to use the said mountainous district for farmland other than afforestation.

As a result, the Defendant converted a mountainous district without permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each statement of the N orO;

1. On-site photographs of illegal development activities;

1. Application of Acts and subordinate statutes on cadastral map and development status;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (including the fact that development activities are performed without permission), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (including the fact that a mountainous district is converted without permission, and the fact that a mountainous district is converted);

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

1. Selection of penalty;