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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to convert a mountainous district shall obtain permission for conversion of a mountainous district according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.
D Around the end of 2013, when constructing a detached house in Sacheon-si, it obtained permission for the conversion of approximately KRW 620 square meters of housing sites and approximately 1,656 square meters of access roads among the total 12 lots of land E, F-G, H, I, J, and K. Around the end of 2013, D had the Defendant open access roads through L, and the Defendant consented thereto.
Accordingly, the Defendant, while engaging in the work of opening access roads in the above mountainous district, etc. on April 2014, the Defendant used approximately KRW 1,000 square meters ( approximately 120 meters in length, approximately 8-10 meters in width, and approximately 120 meters in width) from among the five mountainous districts in Macheon-si, N, F,O, and P, and used approximately KRW 1,200 square meters from the total eight mountainous districts in E, Q-R, S-G, H, and I total eight square meters ( approximately 240 meters in length and 2-3 meters away from the consultation area within a width of 4 meters).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement about T, L, U, and V;
1. The application of Acts and subordinate statutes to the actual survey report and each investigation report;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;