Defendant shall be punished by imprisonment for a year and six months, and a fine of fifty thousand won.

The defendant does not pay the above fine.

Punishment of the crime

1. A person who intends to divert a mountainous district for illegal diversion of a mountainous district shall obtain prior permission from the competent authority for the diversion of a mountainous district. However, on October 201, the Defendant used approximately 6,436 square meters of forest land outside the site for which permission for development was obtained, among forest land E., Gyeonggi-gun, Gyeonggi-do around 415,564 square meters, without obtaining permission from the head of a Si/Gun, to divert a mountainous district with a total of 10,350 square meters of a mountainous district, as shown in the annexed Table 1, in order to create a place for selecting aggregate, a site for screening, access road, and a legal surface.

2. Although a person who intends to collect earth and rocks in a mountainous district where illegal collection of earth and rocks was conducted with permission from the competent authority, the Defendant, without permission from the head of the competent authority, cut earth and rocks from 74,789 cubic meters of land E, Gyeonggi-gun, Gyeonggi-do, with a 415,564 square meters of forests and fields, and collected earth and rocks from 74,789 cubic meters of land from 74,789 cubic meters of land without permission, and collected them without permission from the head of the competent authority.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Voluntary statement (F) dated December 5, 2012;

1. Current status of permission for mountainous district conversion;

1. Illegal diversion of mountainous district in mountainous district conversion permission;

1. All the matters to be registered;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to the police investigation protocol concerning I;

1. Relevant Article of facts constituting an offense, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (limited to the occupation of a mountainous district and its combination), Article 53 subparagraph 2 and Article 25 (1) of the former Mountainous Districts Management Act (Amended by Act No. 1031, May 31, 2010); Articles 53 subparagraph 3 and 25 (1) of the Management of Mountainous Districts Act (including occupation of gathering earth and stones), and Articles 53 subparagraph 3 and 2

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

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

1. Article 62(1) and (2) of the Criminal Act (see, e.g., “the grounds for suspended sentence”).