The sentence against the accused shall be set forth as a fine of four million won.

When the defendant does not pay the above fine.

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. by setting the purpose thereof.

Nevertheless, on August 2016, the Defendant converted the use of mountainous districts by 3,062 square meters of forest land of 650 square meters and exceeding 3,062 square meters permitted to convert among the forest land in Seog Chang-gun, G, 2016, or by putting farming houses and other active trees already cut by using caters, etc. in order to cultivate the landscape of trees, or by removing other miscellaneous trees after digging them, etc.

Summary of Evidence

1. The defendant's partial statement 1, and witness D's legal statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing the submission of a survey report and a invoice;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant and his defense counsel] Inasmuch as the defendant cuts trees existing in the above part after obtaining permission to cut trees on the part of the forest land as stated in the judgment of the court below in around 2014, which was before the transfer of the case, and planted fruit trees, the current status falls under the "farmland" as provided by Article 2 subparagraph 1 (a) of the Farmland Act, and therefore, it constitutes the "farmland" as an orchard, and therefore, the defendant engaged in flating work in the above part.

Even if the violation of the Mountainous Districts Management Act is not established.

The argument is asserted.

However, the proviso of Article 2 subparagraph 1 (a) of the Farmland Act excludes land prescribed by Presidential Decree, such as grassland created pursuant to the Grassland Act, from the above "farmland".

“.......”

Article 2(2)2 of the current Enforcement Decree of the Farmland Act, which is the law at the time of the crime of this case, is the land excluded from farmland as above, and the land category under the Act on the Establishment, Management, etc. of Space Information is forest land, and cultivating crops or perennial plants without obtaining permission to convert mountainous districts under the Mountainous Districts Management Act.