A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 29, 2018, the Defendant was granted permission to change the form and quality of land for farming (2,932 cubic meters) on four lots of land located in Busan Metropolitan Area B, C, D, E, and other natural green area 4,423 square meters.

1. To change the form and quality of land, permission shall be obtained from the competent authorities;

Nevertheless, on March 2019, the Defendant, without obtaining permission from the competent authority, laid down the land in four lots, such as the above B, C, D, and E, with a higher level than the average of 3.5 square meters compared to the height of the earth filled (15,480 cubic meters).

Accordingly, the Defendant changed the form and quality of land without obtaining permission from the competent authorities.

2. As described in the above paragraph (1), the Defendant did not comply with a corrective order issued by the captain to restore the form and quality of land to the original state on April 19, 2019, May 16, 2019, and June 14, 2019, on three or more occasions without permission of the competent authority.

Accordingly, the defendant violated the order of the competent authorities to take measures.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Application of statutes to on-site photographs, each corrective order, and prior notice of disposition;

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized change of form and quality), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (in cases of non-compliance with the order to take measures), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant illegally changes the form and quality of land in a broad area by raising more quantity of soil than that permitted to change the form and quality of land than the Defendant’s permission. The Defendant failed to comply with a corrective order issued by the competent authority on several occasions, and the Defendant had the same criminal record and two times of fines, which are disadvantageous to the Defendant.