A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

1. The Defendant violated the Management of Mountainous Districts Act, without obtaining permission from the number of Cheong-gun located in the mountainous district, from June 201 to February 1, 2016, used 1,927 square meters out of the aggregate seven parcels of land, 37,249 square meters, which are seven square meters in a mountain site, as indicated in the attached Table, such as 262 square meters, among the 3,074 square meters of land located in the B cemetery in the Gyeong-gun-gun, Busan Metropolitan City, Chungcheongnam-do, and converted the same into a loading yard where soil is stored, and cut and filled up.

2. The Defendant violated the Farmland Act, without obtaining permission of the number of Cheong-gun located in the neighboring construction site from Jun. 2, 201 to Feb. 1, 2016, the Defendant used the farmland as a loading site where 9,980 square meters (a total of 41,01,480 square meters of published land) out of the aggregate of eight lots of land located in the farmland, 15,592 square meters, such as 483 square meters (no published land) located outside the agriculture promotion area, as indicated in the attached Table, and used the farmland as a storage site where earth and sand discharged from the neighboring construction site is stored and cut and filled up.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the accusation site, forest geographic information, reference drawings, and photograph files;

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, Articles 57 (2) and (3), and 34 (1) of the Farmland Act, and both imprisonment and a fine concerning the crime are imposed;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;