Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission from the competent authority, such as the Minister of the Korea Forest Service, according to the classification of the types, areas, etc. of the mountainous district

Nevertheless, on June 2018, the Defendant, without permission from the competent authority, diverted a total of 327 square meters out of 4,544 square meters of a quasi-preserveded mountainous district, which was located outside the permitted area, and a total of 853 square meters, such as 526 square meters of a C cadastral area, from among 669 square meters of a 669 square meters of a land cadastral area, without permission, to convert a mountainous district into a mountainous district other than a preserved mountainous district, by cutting and banking it into a crale, etc.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority where he/she modifies matters for which permission for development has been obtained;

The Defendant changed the form and quality of land by cutting and banking the area of a total of 853 square meters due to scrakes, etc., in contrast to the previous content of permission for development activities, without obtaining permission for development activities from the competent authority in the process of performing construction works upon obtaining permission for development activities at the date and place under paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written accusation;

1. An old map and an illegal current status survey map;

1. The land planning and use personnel;

1. Each land cadastre;

1. Application of Acts and subordinate statutes on aerial photographys or on-site photographs;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (2) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a crime of violating the Mountainous Districts Management Act of which the punishment is heavier);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the key issue of Article 334 (1) of the Criminal Procedure Act of the provisional payment order.