A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 6, 2013, the Defendant obtained permission for development activities, such as C and D orchard 9,50 square meters from a permanent residential market on a permanent basis, with the content of 12,645.4 cubic meters of the cut-off volume, 12,635.8 cubic meters of the filled-up volume, 12,635.6 cubic meters of the private land volume of 9.6 cubic meters, etc.

1. Where any person who violates the National Land Planning and Utilization Act changes matters permitted for development activities, such as changing the form and quality of land, he/she shall obtain permission from the competent Mayor;

Nevertheless, from around December 2, 2013 to November 30, 2015, the Defendant, while performing an act of changing the form and quality of land in a orchard permitted for the development act, carried out 54,792 square meters exceeding 9.6 cubic meters of the permitted area from the above orchard without obtaining permission for the alteration, and cut off the said C, D, orchard, and E, and F, exceeding 9,50 square meters of the permitted area (including 1,631 square meters of the exclusive use area for mountain land).

Accordingly, the Defendant conducted development activities without obtaining permission for change.

2. Any person who violates the management of a mountainous district shall obtain permission from the head of the relevant forest office, etc. to divert the mountainous district according to the classification of the types, areas, etc. of the mountainous district;

Nevertheless, the Defendant, without obtaining permission for diversion of mountainous district, cut trees of 1,631 square meters in mountainous districts E and F in permanent residence at the same time and place as above, and cut and diverted them to farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Documents attached to the written accusation and written accusation;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (2) and Article 56 (1) of the same Act (a person who conducts development activities without obtaining permission for change) concerning facts constituting an offense, and Article 53 subparagraph 1 of the Mountainous Districts Management Act, and the main sentence of Article 14 (1) of the same Act (a person who diverts a mountainous district without permission for change);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62(1) of the Criminal Code of the Suspension of Execution (the area of development activities and exclusive use) is not small.