A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu according to classification of mountainous district prescribed by Presidential Decree and its use.

Nevertheless, from May 30, 2018 to June 3, 2018, the Defendant reclaimed the relevant mountainous district and converted the mountainous district to a extent equivalent to KRW 36,386,160 for the purpose of creating farmland without obtaining permission from the Administrator of the Korea Forest Service, etc. for four days from May 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. A survey report on actual condition, a map of illegal conversion, and an illegal diversion of mountainous district;

1. Completion of a small number of areas permitted to collect earth and sand, and supplement photographs of a small portion of the purport of earth and sand bonds;

1. Application of statutes governing outputs of land use plan;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. The Defendant collected earth and sand in the forest for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution and the restoration of the forest to the original state after planting trees and planting grass. However, the Defendant, who was in a severe slope by creating a water pool on the lower part, was removed the lower part of the forest and covered it with soil.

The execution of a sentence shall be suspended in consideration of the circumstances that may be considered in light of the situation, the fact that a miscellaneous land is located in the current forest area and is not used as farmland.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.