The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.

Punishment of the crime

Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province

Nevertheless, on November 201, 2013, the Defendant changed the form and quality of the land by putting up the soil into the area of approximately 40 meters in length, approximately 6 meters in width, and approximately 50-100 centimeters in height, using a chiller on the boundary area B and C (hereinafter “instant land”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written accusation;

1. Voluntary written statements;

1. Application of statutes in the forestry register;

1. Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act regarding criminal facts and the National Land Planning and Utilization Act (hereinafter “National Land Act”)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Since the Defendant’s assertion was filled up to cultivate the Defendant, the form and quality may be changed even without obtaining permission from the head of the competent local government under the provisions related to the National Land Act.

In addition, the Defendant laid down the earth according to the coercion of public officials of the competent authorities.

Therefore, the defendant cannot be held liable for violating the National Land Act.

2. According to Articles 140(1) and 56(1)2 of the National Land Planning and Utilization Act and Article 51(1)3 of the Enforcement Decree of the same Act, a person who alters the form of land by raising, etc. the form of land without obtaining permission from the head of the competent local government shall be punished, but if such act is for cultivation, it shall not be punished.

In addition, according to Article 12 of the Criminal Code, acts by coercion of another person shall not be punished.

However, considering the following circumstances admitted by the above evidence, the Defendant is not for cultivation, but for cultivation.