Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

The Defendant diverted a mountainous district of a total area of 4,512.5 square meters from February 2, 2016 to April 2019 without permission to create tea and smuggling in the forest (protected mountainous districts) located in Chungcheongnam-gun B, Chungcheongnam-do.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional forest office

Nevertheless, the Defendant cut standing timber of 811.6 square meters in total area at the same time and place as in the preceding paragraph without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report, on-site photographs, each annual aerial photography, the GPS survey result map, the calculation report of mountainous district restoration expenses, and the comparative aerial photography statutes;

1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, and Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources Act (the occupation of cutting down standing timber and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of the offense, and other factors, such as the character and conduct of the defendant, environment, motive, means and result of the offense, shall be determined as per the order, comprehensively taking into account the circumstances before and after the offense.