The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding the facts or misapprehension of the legal principles, ① the land category of the Sincheon-si C Forest (hereinafter “the instant forest”) is lost as farmland by cultivating agricultural produce, such as woodland, ornamental water and vegetables from 10 years ago, and thus, it does not constitute a mountainous district under the Mountainous Districts Management Act. ② Even if the instant forest is a mountainous district, the Defendant’s act constitutes a justifiable act by piling stone as stated in the facts charged in the instant case, thereby creating a stable with a view to preventing water damage. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 1.5 million) is excessively unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

(a) A person who intends to divert a mountainous district shall obtain permission from the competent authority, setting the purpose thereof;

Nevertheless, on July 2015, the Defendant, without obtaining permission to convert mountainous districts, converted mountainous districts into KRW 1,334,779, by putting the stones from the disposal of the land near the land in Macheon-si, Macheon-si, Macheon-si, in a size equivalent to 308 square meters among the forest land located in Macheon-si, Macheon-si.

B. Determination 1) Whether the forest of this case constitutes a mountainous district under the Mountainous Districts Management Act refers to “land where standing timber or bamboo is collectively growing” or “land where standing timber or bamboo that is collectively growing is temporarily lost,” excluding farmland, grassland, housing site, road, and other land prescribed by Presidential Decree (Article 2 subparag. 1 of the Mountainous Districts Management Act). Meanwhile, Article 2 subparag. 1(a) of the Farmland Act is a farmland cultivation land or a perennial plants regardless of the legal land category.