The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) Since it was a stock company C (hereinafter “C”) that received the original permission to convert mountainous district, earth and sand taken out from 32,880 cubic meters is attributable to C. Although the Defendant asserted that the land’s 2,436 cubic meters of 2,436 cubic meters was not taken out, the Defendant did not withdraw this part of the facts charged at the trial, the prosecutor withdrawn this part of the facts charged. Accordingly, the judgment is not required.

2) An area damaged by the Defendant to actually sell earth and sand is 11,388 square meters, and this is not more than the area permitted, and thus, it does not constitute an act of illegally changing the form and quality of forest land.

3) Since it was merely a theft phase at the time when the Defendant carried out earth and sand, it cannot be said that earth and sand were sold, and even if earth and sand were taken out, it is within the scope of mountainous district conversion permission. Thus, there is intention to divert illegal mountainous district to the Defendant.

subsection (b) of this section.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor tried to examine ex officio prior to the judgment on the grounds for the appeal, and the provisions applicable to the defendant in Article 54 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act are “Article 53 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act”, and the same part of the judgment below is no longer maintained, since this court applied for an amendment to the amendment to the indictment with respect to each of the facts charged as follows and changed the subject of the judgment upon permission by this court.

[Revised Facts charged] A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

C In order to use the land for a factory site on December 2, 2006, soil is located within 29,895 square meters of forests and fields D and E located in Jung-gu, Jung-gu, Seoul, and Dong (hereinafter “the forest of this case”).