A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner of B forest land 539 square meters, C forest land 6,789 square meters, and D forest land 340 square meters designated as a development restriction zone.

1. The Defendant had changed the form and quality of land habitually without permission from the competent authority on March 1, 201. The Defendant: (a) constructed a house and a legal branch; and (b) packages a forest into concrete on the instant forest No. B forest No. 539 square meters without obtaining permission from the competent authority on March 1, 201; and (c) was issued a summary order of KRW 5 million under the name of the same crime on April 28, 2014 with regard to the said offense, on the ground that he/she failed to comply with the corrective order of the Kim Sea Market to restore the original state around February 14, 2012 and around May 2013; (b) was sentenced to a fine of KRW 3 million on the ground that he/she violated the Act on the Special Measures for the Determination and Management of Areas subject to Development Restriction; and (c) did not comply with the corrective order to restore the original state around May 2013.

Although the Defendant habitually received a notice of demand for the implementation of the corrective order under the name of the head of Kimhae-si, demanding voluntary removal (reparation) from the Defendant’s residence located in Kimhae-si, around November 2015, to November 23, 2015, the Defendant did not comply with the said order without justifiable grounds.

2. On August 14, 2005, the Defendant was sentenced to a fine of five million won on October 26, 2006 to a violation of the Act on the Special Measures for the Designation and Management of Areas subject to Development Restriction by the Changwon District Court on the charge that he cut part of the above B forest and changed the form and quality of the land for collecting earth and rocks without obtaining permission from the competent authority on August 26, 2006. On January 29, 2007, the Defendant was subject to a summary order of three million won under the same crime on May 18, 2007, by constructing a vinyl house in the above B forest and altering the form and quality of the land, such as cutting, etc., without obtaining permission from the competent authority on January 29, 2007.