Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber in a forest shall obtain permission from the head of the relevant Si/Gun/Gu or the head of the relevant local forest agency, as prescribed by Ordinance

Nevertheless, on October 2015, the Defendant, without obtaining permission from the competent administrative authority, cut 30 parts of pine trees equivalent to KRW 629,350,00 from the place of origin to approximately KRW 9.86,00,00 of the total amount of KRW 629,350,00 of the forest. From around that time to May 2016, the Defendant opened a land development and access road for the creation of a scoo farming complex using a scooters and diverted the use of approximately KRW 30,134,640,00 of the forest restoration cost to KRW 6,654.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 54 subparagraph 1 of the Act on the Establishment and Management of Forest Resources and Articles 14 (1) (a) of the Mountainous Districts Management Act (a point where the diversion of a mountainous district is conducted without permission) concerning facts constituting an offense, and Articles 74 (1) 3 and 36 (1) of the Act on the Creation and Management of Forest Resources (a point where standing timber is cut without permission), and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is reasonable in the size of the mountainous district which the defendant cut down without permission and illegally diverted, but there is no previous conviction or fine exceeding the same previous conviction and fine, and that the illegally diverted mountain land was restored;