The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the forest land of this case was damaged by the former owner or the former owner upon obtaining permission for mountainous district conversion, and was in fact in the state of “site” after completion of all construction works, such as road construction and stone construction. As such, the forest land of this case was installed in the “site” which was already damaged by mountainous district as seen above.

to commit a crime in violation of the Management of Mountainous Districts Act

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. As to the assertion of mistake of facts, Article 2 of the Mountainous Districts Management Act provides for the following:

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "mountainous district" means any of the following land:

Provided, That farmland, grassland, housing (referring to the land, the category of which under Article 67 (1) of the Act on the Establishment, Management, etc. of Spatial Information has been changed according to the completion of the main housing site creation project), roads, and other land prescribed by Presidential Decree shall be excluded.

(a) Land where standing timber and bamboo are collectively cultivated;

(b) Land where standing timber and bamboo collectively brought up are temporarily lost;

(c) Land used for collective growth of standing timber and bamboo;

(d) Forest roads, work roads, and mountain passes;

(e) Rocks and small sites in the land referred to in items (a) through (c);

2. The term "exclusive use of mountainous districts" means using mountainous districts for any of the following purposes or changing the form or quality of mountainous districts for such purposes:

(a) Afforestation, forest tending, or felling or digging of standing timber;

(b) Gathering of forest products, such as earth and stone;

(c) Temporary use of mountainous districts;

3. The term "temporary use of a mountainous district" means any of the following:

(a) Using mountainous districts for a period other than that prescribed in subparagraph 2 (a) or (b), on condition that mountainous districts shall be restored to mountainous districts, or changing the form or quality of such mountainous districts for such purpose;

(b) Forest roads, work roads, forest products transportation roads, and roads in mountainous districts;