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

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

On May 2016, the Defendant damaged the above forest land by making use of the black land, etc. to grow 1,958 square meters in total without obtaining permission of the tent market for the purpose of giving and receiving houses in the forest land located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Namcheon-gu, Incheon, with respect to the land of 1,958 square meters in total, the Defendant damaged the above forest land so as to have the amount equivalent to 38,330,000

Accordingly, the defendant was dedicated to mountainous districts without obtaining permission to convert mountainous districts in the tent market.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, report on damage to mountainous district, actual condition survey, location map, airline margin, current status of illegal mountainous district, report on calculating damaged amount, confirmation of land use plan, and forest ledger;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the area of the mountainous district whose reason for sentencing has been damaged is considerable and does not restore to its original state; the Defendant recognized the instant crime; the Defendant has no record of criminal punishment; the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime; and the various sentencing conditions specified in the trial process after the crime are determined as ordered by taking into account the following as a whole: