A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act and National Land Planning and Utilization Act shall obtain permission from the head of a forest or the head of a Si/Gun/Gu in accordance with the classification of the types, areas, etc. of the mountainous district, and a person who intends to construct buildings or install structures, change the form and quality of land, etc. shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City

Nevertheless, on May 2015, the Defendant changed the form and quality of land by raising the amount equivalent to 3,506 square meters of forest land from D and 5 lots outside Nam-si, Namyang-si without permission of the Namyang-si market.

As a result, the defendant changed the form and quality of land without permission of the Namyang City market and converted the mountainous district.

2. A person who intends to erect a retaining wall, chimney, advertising tower, or any other similar structure prescribed by Presidential Decree, shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, the Defendant did not report to the Namyang-ju City Mayor at the same time and place as stated in the above “1” paragraph, and constructed reinforced retaining walls equivalent to approximately 267 meters in length and approximately 0.5-4.5 meters in height.

Accordingly, the defendant constructed a structure without reporting it to the Mayor of Namyang-ju.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E, F and G;

1. A written accusation;

1. A statement of investigation of offenses;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes to illegal changes in form and quality;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 (referring to the alteration of an unauthorized form and quality) of the relevant Act on criminal facts, Article 53 subparagraph 1, Article 14 (1) of the Mountainous Districts Management Act (referring to the diversion of an unauthorized mountainous district), Article 110 subparagraph 3, Article 83, and Article 110 (1) of the Building Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act concerning the crime of violation of the Management of Mountainous Districts Act and planning and utilization of national land;