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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district types, areas, etc. for a specified purpose.

After obtaining permission to open a private road on the two lots outside Namwon-si, Namwon-si, and around April 2019, when performing construction works to build a solar power plant, the Defendant used a mountainous district by using heavy equipment on the 3,420 square meters of forest land and C, 3,780 square meters in total, which is an unregistered preserved mountainous district, and 3,780 square meters of forest land, which is a preserved mountainous district, and converted the use of a mountainous district by changing the form of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment to the Land Use Planning Board);

1. The actual condition survey report, location map, on-site photographs of forest damaged areas, and on-site measurement of the GPS in forest damaged areas shall also be governed by statutes;

1. 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 concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 50 million won;

2. Determination of sentence: An act of converting a fine of KRW 5 million into a mountainous district without permission shall cause social loss by damaging a forest that is a serious cause and requires considerable time and expenses for restoration to the original state. Therefore, it is necessary to prevent such act through appropriate punishment.

The area of mountainous district damaged by the defendant is not small, and the defendant has been punished for the same kind of crime, but has committed the crime of this case.

However, the defendant recognized his own crime, and the defendant committed the crime of this case without properly verifying the scope of permission to open a private road while serving as the warden of the construction site performed by the company. The crime of this case does not appear to have been committed to gain the personal interest of the defendant, and the damaged mountainous district was not restored, but it was new about the damaged mountainous district.