Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is a person who engages in a building business in the name of D in the following city C.

1. Where installing other structures on the existing site, the creation of which has been completed in violation of the National Land Planning and Utilization Act, a person who intends to alter the form and quality of land (the cutting and banking of ground) shall obtain permission to engage in development activities from the head of the following mountain areas;

Nevertheless, on June 13, 2017, in order to construct a new building of F's detached housing located in E in the following cities, the retaining wall construction was conducted after the building (not less than 10 meters wide) and cutting the ground of about 680§³ without permission for development activities.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the forest land of G and H 30 square meters in the city of Y in the same day as that of the preceding paragraph was damaged to the owner of the defendant and violated it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of the written accusation, report on investigation (Submission of suspect data), and photographic Acts and subordinate statutes;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 140 and Article 56 (1) 2 (a) of the Act on the Planning and Utilization of National Land Planning and Utilization for Criminal Facts; Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act; and the selection of fines;

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 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The defendant's defense counsel does not correspond to the conversion of mountainous districts, and the defendant's act of cutting down or digging away bamboo from large tree dry field to roots, so the defendant's act of removing bamboo from large tree dry field does not constitute a crime.

The argument is asserted.

However, “the cutting and digging of bamboo” is the same as “the cutting and digging of standing timber”, which constitutes the act of using it for the purpose of mountainous districts.