A. In the case of land E, F, and G, the land category of which is the “miscellaneous land” as indicated in the judgment of the court below (hereinafter referred to as “each of the instant land”, and in the case of land referred to as a geographical name, the land category of E, F, and G, the corrective order under Articles 30 and 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zone Act”) and Article 3 of the Administrative Vicarious Execution Act, and the compulsory payment under Article 30-2 of the Development Restriction Zone Act should be imposed if it is not restored to its original state. Thus, the court below erred by misapprehending the legal principles or misapprehending the legal principles, since only the portion of the instant charges against D’s land whose land category is “former” can be subject to the Act on Special Measures for Designation and Management of Development Restriction Zones, although it can be subject to a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones.

B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination on the misunderstanding of facts or misapprehension of the legal principles 1) Article 32 subparag. 1 of the Development Restriction Zone provides that a person who constructs a building, changes the form and quality of land, etc. without obtaining permission under the proviso to Article 12 subparag. 1 of the same Act in a development restriction zone shall be punished. Article 32 subparag. 2 of the same Act provides that a person who fails to comply with an order issued by the head of a Si/Gun/Gu to suspend construction of a building, to remove, close, rebuild, or relocate a building, structure, etc. or to take other necessary measures without obtaining permission under the proviso to Article 12 subparag. 1 of the same Act shall be punished.

2) The Defendant constructed a building on each of the instant land without obtaining permission from an investigative agency to the depth of the party, without obtaining permission under the law of the development restriction zone.