A. On March 8, 2016, the Defendant issued an order to take measures to conduct a land boundary survey on the non-guilty portion by March 25, 2016 from the head of Yongsan-gu, Changpo-si (hereinafter referred to as the “head of the Gu”) to submit the documents for restoration, but failed to comply with the above order within the given time limit. As such, the violation of the National Land Planning and Utilization Act was already established. Each notification made on April 4, 2016, sent to the Defendant by the head of the Gu, and on May 19, 2016, can be deemed as a new order to take measures, but it does not affect the said crime, and it does not affect the said crime already established.

Nevertheless, the lower court found the Defendant not guilty of violating the National Land Planning and Utilization Act due to the violation of the order to take measures on June 8, 2016, on the ground that each of the above notifications extended the time limit of the order to take measures until June 10, 2016, and the Defendant fulfilled the measures on June 8, 2016. Therefore, the lower

B. As to the conviction, the sentence of the lower judgment (two years of suspended sentence for four months of imprisonment) is too unhued and unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the following facts are recognized.

1) On December 2015, the Defendant cut and filled up approximately KRW 8,000 square meters out of the land for Changwon-si, Changwon-si, Changwon-si, Masan District, C,500 square meters (hereinafter “instant land”) owned by himself/herself without obtaining permission for development activities under Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and performed development activities by altering the form and quality of land by constructing concrete packaging works with a length of 300 meters on the instant land.

② On March 8, 2016, the head of the Gu becomes aware of the Defendant’s development activities without permission, and on March 8, 2016, he/she violated the Defendant’s official title “construction permission and - 8539” and the title “violation.”