A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

On July 2015, the Defendant cut standing timber and embezzling it on forest land of 1,245 square meters in addition to the permission after obtaining permission in Mancheon-si B and C, and used Mancheon-si B and C, and converted the use of Mancheon-si and mechanical saws to convert the use of mountainous districts without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of calculation of the amount of damage from felling standing timber, land register, and written confirmation of a land use plan for the site prior to illegal mountainous districts, on-site photographs and measurement maps of sites prior to illegal mountainous districts;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant recognized the instant criminal facts and reflects his mistake; (b) the Defendant appears to have obtained a permit for ex post facto conversion of mountainous district with respect to the remainder of 1,237 square meters, excluding the 1,245 square meters of forest land used exclusively without obtaining permission; and (c) the primary offender who has no record of criminal punishment, etc., is recognized as a favorable condition to the Defendant.

However, in light of the contents and methods of the crime, legislative intent of the Mountainous Districts Management Act, etc., the crime of this case, such as cutting standing timber in forests and fields other than those permitted by the defendant, and cutting down and embankinging work, etc., is not less than the nature of the crime; the area of the mountainous district used by the defendant without obtaining permission is relatively small; the balance of general punishment in cases of the same and similar kind; and the defendant's age, sex behavior, intelligence and environment, and motive, motive, means, and consequence of the crime of this case, which are shown in the argument of this case.