Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

However, the period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who cultivates mushrooms in the 4,399 square meters of forest land owned by the Defendant, which is a quasi-preserved mountainous district in Jeju City.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, the Defendant did not obtain permission to convert mountainous districts.

1. 2015. 2. 경 위 임야 내 농로 북측 지점 674㎡에서 거름을 야적하기 위해 미니 굴삭기를 이용하여 그곳에 자생하던 잡목과 넝쿨들을 제거하고 지반을 정리한 후 1 톤 화물차 10대 분량의 거름을 야적하고 일부는 지면에 덮는 등의 방법으로 산지의 형질을 변경하였고,

2. On March 2017, in order to install a vinyl house to grow 371 square meters at a point south of the south side of the farmland and farmland, the form and quality of the mountainous district was changed by raising the height of a maximum of 20 cm at a place where the ground is low at a lower level, and in a way of flating it; and

3. On March 2018, around 2018, the form and quality of a mountainous district was modified by way of concrete packaging in order to install a temporary building to cultivate 218 square meters in the south side of a farmland located in the forest and field.

Accordingly, the Defendant changed the form and quality of a quasi-preserved mountainous district with a total of 1,263 square meters on three occasions without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A forest survey report;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the photograph ledger;

1. Article 53 Subparag. 1 of the relevant Act and Article 14(1) main text of the Management of Mountainous Districts Act (other than preserved mountainous districts): Mountainous districts management was amended by Act No. 14361, Dec. 2, 2016; and was enforced June 3, 2017. Each of the crimes of this case under Articles 1 and 14(2) of the Criminal Act is deemed to be committed prior to or after the former Act, and the statutory penalty of the new Act is more than the statutory penalty of the former Act, and thus, both new laws are applied under Article 1(2) of the Criminal Act, and both imprisonment and fine are imposed.