Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

1. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

Nevertheless, on June 2014, the Defendant changed the form and quality of land of 1,200 square meters out of 1,438 square meters out of 1,200 square meters out of Mansung City, D forest land 5,858 square meters out of 5,858 square meters out of 1,224 square meters out of E forest land and 3,224 square meters, without obtaining permission of the Ansan market, and performed development activities by cutting the land.

2. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, on June 2014, the Defendant, without obtaining permission for the diversion of a Ansan market, converted the use of land of 1,200 square meters among 1,438 square meters in Gyeonggi-si, 5,858 square meters in D forest and fields, and 1,421 square meters in total among 1,20 square meters in E forest and fields, and 56 square meters in E forest and fields, and 3,224 square meters in land of 1,421 square meters in forest and field, in a manner of cutting down land of 1,421 square meters.

Summary of Evidence

1. Legal statement of witness F;

1. A written accusation;

1. Flight navigator;

1. On-site photographs;

1. Land cadastre;

1. A nearby land register and Guide map (a witness G’s statement to the effect that he was unrefinite in light of the witness F’s legal statement is not believed. The argument that a graveyard was not a mountainous district is a mountainous district under the Mountainous Districts Management Act shall be determined depending on the actual state of the relevant land regardless of the land category in the public register, and even if the phenomenon as a mountainous district has been lost, if it is deemed that the lost state as a mountainous district is temporary and its reinstatement is possible, such land constitutes a mountainous district (see, e.g., Supreme Court Decision 2007Do10118, Jul. 10, 2007).

Application of Statutes

1. Article 53 subparagraph 1 of the Mountainous Districts Management Act and Article 53 of the same Act concerning criminal facts as well as the selection of punishment;