A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to temporarily use a mountainous district for the purpose of installing facilities related to disaster emergency countermeasures prescribed by Presidential Decree, such as prevention and extinguishment of forest fires, shall report such fact to the competent administrative agency;

Nevertheless, the Defendant, as the head of the construction division of the company B, performed the construction work of the company-type rental housing in the Gyeonggi-do, and between August and September, 2013, performed the work of restoring the slope of 1146m2, E forest, 692m2, 132m2, and 40m2 of F forest in Nam-si, Namyang-si, Namyang-do, and performed the act of temporarily using the mountainous district by cutting and raising the ground to the competent authority without reporting.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act, violation of the Act on Planning and Utilization of National Land, and violation of the Act on the Management and Reclamation of Public Waters shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority, and a person who intends to occupy and use public waters shall obtain permission from the competent authority;

Nevertheless, the Defendant, from October 201 to October 2013, performed an act of converting land into a mountainous district by piling up construction materials of E, 4,651 square meters in Namyang-si, without permission from the competent authority, and using them as a field yard to ensure the access of construction vehicles, while engaging in development activities of changing the form and quality of land at the same time. The Defendant occupied and used public waters by piling up construction materials of 80 square meters in G ditch without permission from the competent authority and using it as a field yard to ensure the access of construction vehicles. The Defendant engaged in development activities of changing the form and quality of land by cutting up construction materials of 413 square meters in H field, and 60 square meters in I field, without permission from the competent authority, and using them as a field yard to enable the access of construction vehicles.