The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 1.5 million imposed by the court below is excessively unreasonable.

(2) On the date of the first instance trial, the court below explicitly withdrawn an assertion of mistake of facts on the date of the trial). 2. The court below acknowledged that the Defendant was disadvantageous to the Defendant, such as the content and method of the instant crime, and the area and period of unauthorized occupation and use, etc. of the instant crime, but stated that the Defendant was at the time of the instant crime and made a statement that his mistake was divided in depth. On the other hand, there are some circumstances to consider the motive and circumstances leading to the instant crime; the Defendant’s economic benefits derived from the instant crime are not significant; the economic benefits are not significant; the Defendant appears not to have sufficient economic conditions; the Defendant would not be sufficiently expect; the Defendant is the primary offender without any criminal power; the Defendant’s age, character, character, intelligence and environment, the process and motive of the instant crime, the means and consequence of the crime, the circumstances after the crime, and family relationship, etc., which are the conditions for the sentencing of this case, the court below’s judgment is somewhat unreasonable and acceptable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The criminal facts recognized by this court are identical to the corresponding column of the reasoning of the judgment of the court below, and such facts are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement E in the third trial records of the court below;

1. Police statements prepared in E;

1. A written accusation;

1. Each police investigation report (Submission of a certified copy of the cadastral map, submission of a report on the results of a business trip, and a photograph of state-owned land);

1. Application of the relevant Acts and subordinate statutes in the cadastral map and field photographs, and cadastral records;