Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. No person who has not reported temporary use of a mountainous district shall temporarily use such mountainous district for the purpose, such as creating access roads, without reporting thereon to the competent administrative agency;
Nevertheless, on November 2016, the Defendant temporarily used a mountainous district using equipment, such as scrails, etc., without reporting to the competent authority on the area of 410 square meters of B forest land in Sacheon-si.
2. No person who diverts a mountainous district without permission shall divert a mountainous district, such as changing the form or quality of the mountainous district, without permission from the competent administrative agency;
Nevertheless, in December 2017, the Defendant diverted the use of mountainous districts to develop mountainous districts by using equipment, such as booms, etc., without obtaining permission from the competent authority, on the area of 4,000 square meters of forest land in Sacheon-si, 201.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's statement in court, the fact investigation report, and the investigation report (Evidence List Nos. 4);
1. Article 5 subparagraph 2 of Article 5, Article 15-2 (2) 7 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Article 53 subparagraph 1 of the Mountainous Districts Management Act; Article 14 (1) of the same Act (amended by Act No. 14361, Dec. 2, 201);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;