Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On March 2015, the Defendant, without obtaining permission from the competent authority, performed development activities in a manner that alters the form and quality of land, such as by raising up the land at a height of about 1.3 meters by using earth and sand, and affecting drainage and farming operations of E, a neighboring land.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to F or G by the police;

1. Determination as to the assertion of the Defendant and his/her defense counsel on the investigation report (related to the submission of F Materials), investigation report (related to the submission of F additional materials for accusation)

1. The defendant and defense counsel asserts innocence for the following reasons.

① Since the instant land is farmland, not Article 56(1)2 of the National Land Planning and Utilization Act, the farmland law should be applied.

② Inasmuch as there are no specific cases in which “a case affects the opening, draining and farming of adjacent land” as prescribed by Article 51(2)1 of the Enforcement Decree of the National Land Planning and Utilization Act does not have an effect on farming operations, it is against the principle of clarity of criminal justice.

(3) "Where the opening, drainage and farming operation of neighboring land is affected by the opening, drainage and farming operation of pipes" in Article 51 (2) 1 of the Enforcement Decree of the National Land Planning and Utilization Act means cases where the opening, drainage and farming operation of the neighboring land directly adjacent to the ground by a defendant is affected by the opening of the bank. In such cases, it is merely nothing more than those that indirectly affect the opening, drainage and farming operation of the land after the opening of the bank in this case.