The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. G, a misunderstanding of facts, a private village of the Defendant, purchased land and housing adjacent to the instant mountainous district around 201. Around around 1969, the former owner, etc. had already been damaged by exclusively using the mountainous district. Since around August 201, the Defendant, on behalf of G, was able to change the area of 1,107 square meters in the instant mountainous district on behalf of G and did not intentionally divert the mountainous district due to a landslide that occurred due to a centralized rain around August 201.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following circumstances revealed through the evidence duly adopted and investigated by the lower court and the trial court regarding the assertion of mistake of facts: ① even if the former owner, etc. diverted the mountainous district of this case from the existing perspective, the crime of this case, such as installing additional facilities in the mountainous district of this case and conducting gravel packaging, can be deemed as a new conversion of mountainous district beyond the existing exclusive use situation; ② even if the use of the mountainous district unlawfully converted by a third party constitutes an act of maintaining the existing illegal state, so long as the use of the mountainous district constitutes an act of maintaining the existing illegal state, it would be deemed that the punishment cannot be exempted; ③ the exclusive use area of this case is calculated using the GPS measuring machine in the presence of the Defendant by the former investigator, and the method of measurement is deemed to have been conducted objectively and reasonably. In full view of the following circumstances, the Defendant’s diversion of the mountainous district of this case without obtaining permission from the Minister of the Korea Forest Service.