The defendant shall be innocent.

1. No building or altered use of a building, installation of a structure, alteration of land form and quality, etc. shall be permitted in a zone subject to the summary development restriction of the facts charged of this case without permission from the head of a Si/Gun

Nevertheless, on June 2016, the Defendant changed the form and quality by raising approximately 70 cm of land B in Nam-si, Namyang-si, which is a zone subject to development restriction, and approximately 1,249 m2 in land C, and approximately 459 m2 in land C, without permission of the Namyang-si market.

On December 16, 2016, the Defendant did not comply with the above corrective order without justifiable grounds, even though he received the corrective order with the content that "the restoration order is ordered within 30 days after the receipt of the document from the Namyang market," and that "the restoration order is ordered within 30 days from the date of service of the order" on January 23, 2017.

2. The following circumstances acknowledged based on the evidence duly adopted and examined by this Court, namely, the Defendant was a previous owner of the Namyang-si B 1,249 square meters and C 459 square meters.

D and divorce, the ownership of each of the instant land was acquired due to the division of each of the instant land on March 28, 2016, and following the acquisition of ownership, it appears that D had agreed to pay part of the profits therefrom if the value of each of the instant land increases by conducting development activities on each of the instant land between D and D; and ② D, around June 21, 2016, the Defendant performed banking operations without permission on each of the instant land; and the Defendant accordingly, around June 21, 2016 from the Namyang-ju market, around June 21, 2016, performed an act of raising approximately KRW 1,40 square meters of each of the instant land without permission at a height of about 60 centimeters; ③ D was subject to the “order to correct any unlawful act within the development-restricted zone” under the provision that “D was subject to the restoration order within a height of 60 meters from the existing land owner; and ③ in this court, D filed a civil petition against the existing public official around 50 meters.