Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant engaged in agriculture (afforestation of mountain ginseng, etc.); a person who intends to temporarily use a mountainous district of a State forest shall report the mountainous district of the State forest to the Minister of the Korea Forest Service; and the head of a Si/Gun/Gu with respect to mountainous district of a forest which is not a State forest, without reporting it;

1. cut and embanking a mountainous district using a digging hole over seven days in the middle of March 2019 for the purpose of supplying ornamental water to income crops planted in a mountainous district, and temporarily use approximately 1,386 square meters while installing pipes and creating a site for entry of equipment for the installation of pipes;

2. From April 20, 2019 to use the access road to equipment for the installation of underground water pipe electricity for the purpose of using the access road to the equipment for the installation of underground water, the said person temporarily uses approximately KRW 1,970 square meters for temporarily using approximately 584 square meters in total while piling up stone by installing the access road by putting up soil, and temporarily using approximately KRW 11,904 square meters in total, for the purpose of using the access road to the equipment for the installation of underground water pipe electricity, and thereby causing damage equivalent to approximately KRW 11,904,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual condition survey report, location map of forest victims, survey drawings for forest victims, reference drawings, satellite photographs, photophones, certified copies of forestry map, forest land use planning, and the Acts and subordinate statutes governing land use planning confirmations;

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act (Amended by Act No. 16710, Dec. 3, 2019); Articles 15-2 (2) and 15-2 (2) of the former Management of Mountainous Districts Act (Amended by Act No. 16710,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order recognize the defendant's error, the restoration of mountainous district is completed, the defendant has no criminal record exceeding the same criminal record and fine, the area of the mountainous district exclusively used by the defendant, the age, character and conduct, environment, motive of committing the crime, circumstances after committing the crime, etc.