Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Although a person who intends to convert a mountainous district is required to obtain permission for a specified purpose, the Defendant used a forest road of 2,901 square meters in total extending over 13 lots from July 7, 201 to October 2013, 201, which is located in the Myeongyeong-gu, Gangwon-do, Gangwon-do, Gangwon-do, and 13 lots of land, without obtaining permission for conversion of a mountainous district, by using the said mountainous district of 2,901 square meters for operation.

Summary of Evidence

1. Part of the defendant's legal statement (the purport that any forest road entered in the market is used for the use of such forest road by mountaino or biogas);

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes on site photographs, damage area maps, GPS status verification maps, certified copies of cadastral maps, certified copies of cadastral maps, forest land registers, forest land registers, and field photographs;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and Articles 53 and 14 (1) of the same Act (including cases where a mountainous district is damaged, such as the selection of a fine and change of the form

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's existing forest road was used for the operation of mountainobs, and that it cannot be deemed to be "the conversion of mountainous district" because it constitutes "the temporary use of mountainous districts" under the Management of Mountainous Districts Act.

2. Determination of Mountainous Districts Management Act provides that “The use of mountainous districts as forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails and forest trails, or other similar mountain paths constitutes “temporary use of mountainous districts” and provides that mountainous districts shall be excluded from the conversion of mountainous districts in cases of temporary use of mountainous districts.

Therefore, this study examines whether the operation of mountain occupa constitutes temporary use, as alleged by the defendant.