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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to convert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, specifying its use.
The Defendant, without obtaining permission from the competent authority from November 2014 to January 2015, 2015, used an access road to D and eight parcels, including the opening of an access road, stabilizing the amnesty, etc., and diverted the mountainous district to a mountainous district by breaking up a mountainous district of 16,393 square meters in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Acceptance of reports on temporary use of a mountainous district, details by ownership, mountainous district classification, cadastral records, previous maps, damage photographs;
1. The actual survey report and each location map;
1. Photographs of illegal mountainous district damaged areas;
1. Standards for calculating recovery expenses;
1. Investigation report, accompanying data related to viewing and listening to the case, report on the current status, such as opening work roads, photographic register, cadastral records, and old drawings;
1. A report on investigation (report on results of on-site verification) and a photograph of on-site verification;
1. Application of Acts and subordinate statutes to a report on investigation or temporary use of a mountainous district;
1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act (Selection of Fine) concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant: (a) planted trees in forests and fields stated in the facts constituting the crime (hereinafter “the instant forest”) and reported temporary use for the purpose of opening a work site; and (b) opened work for the purpose of establishing a new site.
However, in the process, many earth and sand were damaged in the forest that did not report temporary use of the forest, and one ton truck necessary for the work should be cut in order to open the access road, but the defendant shall work as it is without reporting temporary use of the forest and enter the facts charged.