Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

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

The Defendant did not obtain permission to convert a mountainous district, and was born at a certain point by using a excavating machine for the purpose of cutting up and raising the above forest land in the Jin-si C forest between October 4, 2015 and October 4, 2015, and for the purpose of flating it.

The mountainous district of 830 square meters was diverted among the above forest land, such as damaging trees in the room, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each satellite photograph, photographs of the current status of illegally destroyed and damaged land, survey maps of the current status, records of calculation of recovery expenses for mountainous districts, standards for calculation of recovery expenses for mountainous districts, estimates, land use planning confirmation sources, permission for felling standing timber, and permission for felling standing timber;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Whether a mountainous district constitutes “a mountainous district”

(a) The criteria for determination (1) Article 2 Subparag. 1 of the Mountainous Districts Management Act defines “a mountainous district” as “land where standing timber or bamboo is collectively growing, or land where standing timber or bamboo collectively growing is temporarily lost: Provided, That farmland, grassland, housing land, road, and other land prescribed by Presidential Decree shall be excluded.”

In addition, Article 2 of the Enforcement Decree of the Mountainous Districts Management Act provides for an orchard, a tea field, or cutting of cuttings as the land corresponding to the above proviso.

Whether such mountainous district is a mountainous district under the Management of Mountainous Districts Act shall be determined according to the actual status of the relevant land regardless of the items in the public register, and it has lost the phenomenon as a mountainous district.

Even if the lost situation is temporary and it is possible to restore it to the original state, the land shall be located in the mountainous district.