A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

From September 2018 to April 2019, the Defendant cut and filled up, without permission from the Administrator of the Korea Forest Service, etc., the ground and filled-up of farmland in the land B forest and C forest and forest in the G, and cut standing timber equivalent to the standard market value of KRW 402,00,00 (damage area: 1,99 square meters, damage recovery amount: 12,079,000 won).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the practical survey report, location map of damaged areas, observation map of damaged areas, satellite photographs of damaged areas, annual satellite photographs, satellite photographs of damaged areas, mountainous districts classification, photographs of damaged areas, incumbent production records, survey stations, forest land register, mountainous district information inquiry societies, and land classification registers;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. The confession of the accused for sentencing under Article 62(1) of the Criminal Act, the fact that the mountainous district which has been unlawfully diverted has not been restored to its original state properly, the damaged area and period, the amount and the same kind of power (two times of fine), etc. shall be considered particularly;