The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the application of Articles 140 subparag. 1 and 56 subparag. 3 of the National Land Planning and Utilization Act, inasmuch as the Act on National Land Planning and Utilization (hereinafter “National Land Planning Act”) only applies to the development activities of forests within a conservation management area by misunderstanding the legal doctrine and cannot be applied.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of misapprehension of the legal doctrine, the fact that the land category of the previous North Korea-gun C prior to the collection of earth and sand by the Defendant is “former” is recognized.

The above land does not fall under the mountainous district stipulated under each subparagraph of Article 2 subparagraph 1 of the Management of Mountainous Districts Act, and is not subject to the Management of Mountainous Districts Act because land category under Article 67 (1) of the Act on the Establishment, Management, etc. of Space Information falls under “land, the field of which is the whole land, the field, the orchard, or the stock farm site” under Article 67 (1) of the Enforcement Decree of the Management of Mountainous Districts Act, and is not subject to the application of the Management of Mountainous Districts Act (proviso of Article 2 subparagraph 1 of the Mountainous Districts Management Act). As such, the National Land Planning Act

Therefore, among the facts charged in the instant case, the lower court’s determination that applied Articles 140 subparag. 1 and 56 subparag. 1 subparag. 3 of the National Land Planning Act with respect to the unauthorized development activities with respect to the area of 246 square meters in the previous North Korea-gun, Jinandong-gun, Seoul is justifiable. Therefore, it erred by misapprehending the legal doctrine as alleged by

Therefore, the defendant's misapprehension of the legal principle is without merit.

B. The instant crime of determining the illegality of sentencing is a situation unfavorable to the Defendant, where the Defendant performed development activities without permission and collected soil and rocks, and where the nature of the crime is not less weak, and where the Defendant had the record of criminal punishment of fines for the same crime even before.

However, the defendant collected earth and stones without permission.