A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to alter the form or quality of land which is an act to alter the form of land by means of cutting, filling-up, leveling, etc., shall obtain permission from the competent authority, and shall not engage in development activities without obtaining permission.

Nevertheless, on March 2018, the Defendant, without obtaining permission from the competent authorities, cut a part of the above land from 1 to 10 meters in depth, and changed the form and quality of the land by raising a height of 1 to 1.5 meters, in order to use a 7,821 square meters of a site for a stock farm located in the above location in the Gunsan-si, Sinsan-si, Sinsan-si, in a shooting or parking lot located in the vicinity of the Defendant’s management.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation and an explanatory note;

1. Application of Acts and subordinate statutes on the scene of violation;

1. Relevant Article 140 (1) and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning the facts constituting an offense, and Articles 140 (1) and 56 (1) of the same Act concerning the selection of punishment, and the choice of imprisonment;

1. Consideration that the Defendant, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, has reached 7,821 square meters of land, the area of which has changed its form and quality without permission, and in particular, has cut a portion of land from 1 to 10 meters of depth, and the scope or area of illegal form and quality is not large; the Defendant was punished by a fine for committing the same kind of crime in 2017; and the restoration of the original state of land has not been completed until now;