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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 25, 2016, the Defendant purchased all of the above forest land from E, which was permitted to convert mountainous districts, by limiting C and D’s father, who is the owner of B forest land 6,942 square meters, to the 2,833 square meters of the above forest land.
Any person who intends to convert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, sizes, etc. of mountainous districts prescribed by Presidential Decree, and any person who intends to collect earth or stone in mountainous districts which are not state forests shall obtain permission to collect earth or stone from the competent authority, as prescribed by Presidential Decree, and any person who intends to collect earth or sand for earth or sand in mountainous districts which are not state forests shall file a report thereon with the competent authority, as prescribed by Presidential Decree.
1. From Oct. 1, 2016 to Oct. 31, 2016, the Defendant: (a) removed miscellaneous trees, such as shot trees, Akao tree, etc., which were planted in the above forest and field, and excavated and made a flat work by excavating them in order to cultivate the above forest and field from 4,109 square meters in the above forest and field near the above forest and 907 square meters in the quasi-Preservation mountainous district; and (b) in order to cultivate the above forest and field as dry field, G, an engineer, who is a poke, around the above forest and field.
As a result, the Defendant converted a mountainous district without obtaining permission from the competent authorities.
2. The Defendant, without filing a report on the gathering of earth and sand with the competent authority from October 1, 2016 to October 31 of the same month, had the said G collect soil generated during the said work while having the said G collect the soil from the point of view of removing and shotizing it as described in paragraph (1). On January 15, 2017, the Defendant, from around October 1, 2016, ordered the said G to use the soil collected as such, 25 tons of hump truck 10 tons of hump truck managed by H in order to use the soil collected as such for the purpose of entertainment.
Accordingly, the defendant did not report the gathering of earth and sand to the competent authorities.