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The defendant shall be innocent.
Reasons
1. A person who intends to temporarily use the gist of the facts charged shall report it to the competent authority;
Nevertheless, on around May 201, the Defendant, without reporting to the competent administrative agency, installed 4 greenhouses of forests and fields (660 square meters) located in Incheon Cheongjin-gun C (hereinafter “instant land”), and installed 3 greenhouses of forests and fields (495 square meters) additionally in the said forest and fields around May 2013.
2. Determination
(a) Article 2 subparagraph 1 of the Management of Mountainous Districts Act means the land on which standing timber and bamboo are collectively raised, the land on which standing timber and bamboo are temporarily lost, the land on which standing timber and bamboo collectively grown is used for the collective growth of standing timber and bamboo, mountain paths, such as forest roads, work roads, etc., and the land falling under any of the above land, and the marshland and marshland on each of the above land: Provided, That farmland, grassland, housing land, roads, and other land prescribed by Presidential Decree shall be excluded;
B. Whether a mountainous district is subject to the application of the Mountainous Districts Management Act shall be determined according to the actual state of the relevant land regardless of its land category in the public register. Even if the land category on the land cadastre is a forest and field, the phenomenon of the mountainous district is lost and the state of loss is not deemed temporary, and if it cannot be deemed that the land is located in a mountainous district in light of neighboring surrounding phenomena, it does not constitute a mountainous district under the Mountainous Districts Management Act (see, e.g., Supreme Court Decisions 2009Da11556, Jun. 11, 2009; 2007Do1018, Jul. 10, 2008; 2006Do4360, Sept. 14, 2006; 88Do668, Dec. 13, 198).
According to the records of this case, among the land in this case, the part of the land in which the defendant constructed a vinyl house has been used as farmland for at least 30 years prior to the purchase of the land in this case around 2006, and the defendant also purchased the land in this case.