The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant inflicted damage on forest damage equivalent to KRW 2,892,00,00 for forest damage amounting to KRW 2,892,00, out of KRW 2,99,00,000, out of KRW 675,000,00, and KRW 698,000,000, out of KRW 2,99,000,00,000, adjacent to Chuncheon-si E-si, E-si, where the entry part is narrow and dump trucks are difficult to enter equipment, on the grounds that the construction was conducted upon obtaining permission for conversion of a mountainous district from a police officer on March 2, 2015.

2. Determination

A. According to Article 53 subparagraph 1 of the Management of Mountainous Districts Act, a person who violates the main sentence of Article 14 (1) of the same Act by diverting a mountainous district without permission shall be punished by imprisonment for not more than seven years or by a fine not exceeding 50 million won.

According to subparagraph 2 of Article 2 of the Mountainous Districts Management Act, the term "conversion of a mountainous district" means using mountainous districts for purposes other than afforestation, forest tending, felling and extracting standing trees, collecting forest products, such as earth and stones, and collecting (b) and (3) temporarily using mountainous districts for such purposes or changing the form and quality of mountainous districts for such purposes.

According to the main sentence of subparagraph 1 of Article 2 of the Management of Mountainous Districts Act, " Mountainous districts" means land (a) on which standing timber and bamboo are collectively raised, (b) land (c) on which standing timber and bamboo have been temporarily lost, (d) land used for collective growth of standing timber and bamboo, (d) forest roads, work roads, etc., and (e) land falling under any of items (a) through (c) through (c) of this Article.

However, according to the proviso to Article 2 subparagraph 1 of the Mountainous Districts Management Act and Article 2 subparagraph 1 of the Enforcement Decree of the Mountainous Districts Management Act, farmland, grassland, orchard, etc. shall be excluded from mountainous districts.

(b) The defendant has diverted a mountainous district without obtaining permission in violation of the main sentence of Article 14(1) of the Mountainous Districts Management Act.