Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On March 2017, the Defendant: (a) performed conversion of mountainous districts by using heavy equipment, such as digging machines, etc. to cultivate crops without obtaining permission from the competent authority for conversion of mountainous districts, on the aggregate of 6,970 square meters of net Chang-gun C forest land owned by B; (b) around March 2017, in order to cultivate crops without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A location map, a cadastral map of forest damage, a survey map of forest damage, and a forest damage chart;

1. A detailed statement of areas exclusively used for illegal mountainous districts;

1. Application of the current status of forest damage statutes;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is a larger area than 6,970 square meters of the mountainous district damaged by the Defendant, and that the Defendant’s crime committed an offense, thereby causing damage to soil erosion in neighboring land, is disadvantageous to the Defendant.

However, considering the facts that the defendant reflects the defendant, that the defendant was the first offender without any previous conviction, that the defendant agreed with the owner of the neighboring land (75 pages of the investigation record), that the damaged mountainous district would have completed the restoration measures for the original state, the circumstances favorable to the defendant are considered, and all other sentencing conditions specified in the arguments of this case shall be considered in light of all other sentencing conditions specified in the arguments of this case.