The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the act of temporary diversion of mountainous district without permission constitutes a continuous crime for other purposes, the judgment of the court below which rendered a acquittal on the ground that the statute of limitations of this case expired, is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The Act applicable to the facts charged in this case is Article 53 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) pursuant to Article 6 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); thus, the statute of limitations applicable to the facts charged in this case is seven years pursuant to Article 249(1)4 of the Criminal Procedure Act.

Therefore, the prosecution of this case was instituted before the statute of limitations expires.

Nevertheless, the judgment of the court below that acquitted the statute of limitations of this case has expired is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is a person who served for about 20 years as the president of the G clan, a member of the Republic of Korea F in the following City for about 20 years until 2014.

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, without permission from the competent authorities in September 201, the Defendant employed approximately 300 square meters of forest land in the Hasan-si for about three days in September 201, and created a parking lot by way of ground adjustment and concrete packing, and converted the form and quality into mountainous district unlawfully.

B. The lower court: (a) deemed that Article 53 Subparag. 1 and the main text of Article 14(1) of the Mountainous Districts Management Act, which applies to the foregoing facts charged, was amended by Act No. 14361, Dec. 2, 2016; and (b) deemed as Article 53 Subparag. 1 and the main text of Article 14(1) of the Mountainous Districts Management Act, which came into effect from June 3, 2017; and (c) determined that the statute of limitations

However, Article 6 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016) is "act before this Act enters into force."