A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

A person who intends to use a mountainous district for any other purpose shall obtain permission for conversion of a mountainous district from the competent authority by determining the size and purpose of conversion.

Nevertheless, on March 2013, the Defendant divided into a large number of lots of 4,843 square meters out of 10 square meters, namely, Cheongju-si, Cheongju-si and Cheongju-si, and converted mountainous districts into mountainous districts in order to create and sell a site without obtaining permission from the competent administrative agency, by making the cutting-up of land using construction equipment, and by building roads, etc., the Defendant converted mountainous districts into mountainous districts in excess of KRW 6,082,140.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A detailed statement of calculating the amount of damage;

1. Details of forest damage;

1. Location map and aerial photography;

1. Survey maps of illegal damage to forests;

1. Each airline machine;

1. On-site photographs (16-20 pages of evidence records);

1. According to the investigation report (86th page of the evidence record) / (86th page of the witness G and H’s respective legal statements, in the mountainous district of this case, crops such as refrat trees, mulberry trees were planted for commercial purposes since before around 2004, the time when the Defendant acquired ownership, and the Defendant had cultivated the same trees and crops for a considerable period of time.

However, the issue of whether a mountainous district is a mountainous district under the Mountainous Districts Management Act shall be determined according to the actual phenomenon of the land concerned 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 the land to its original state, the land constitutes a mountainous district (see, e.g., Supreme Court Decisions 2007Do1018, Jul. 10, 2008; 201Do1979, Nov. 29, 2012). According to the evidence duly adopted and investigated by this court, including the above evidence, the above tree or crops cultivation alone is serious and broad form and quality.