A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Any person who intends to conduct development activities, such as construction of buildings or installation of structures, or to alter matters for which permission for development activities has been obtained, shall obtain permission from the competent authority.

Nevertheless, on September 2015, the Defendant did not install a concrete retaining wall originally permitted without obtaining permission from the competent administrative authority while performing construction works with permission for development activities for the purpose of constructing a B B house in the Tong-si, Do-si, and installed a reinforced soil retaining wall.

Summary of Evidence

1. The legal statement of the witness C;

1. Applications for satellite photographs, drawings of illegal parts, illegal field photographs, construction reports, applications for permission for development activities, review reports on development activities, and applications for alteration of reinforced earth retaining walls;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Articles 140 and 56 (2) and (1) of the Act on the Selection of Criminal Crimes, Articles 56 (2) and (1) of the same Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the defendant's assertion under Article 62-2 of the Criminal Code of the Social Service Order

1. The Defendant alleged that the investigative agency established a structure different from the content of his initial permission and violated the National Land Planning and Utilization Act. However, the Defendant asserted that a public prosecution against himself was not formally understood or that he did not err as a project owner.

2. According to the evidence duly adopted and examined by this court, the Defendant decided to install a structure with L-type retaining wall at the time of obtaining the initial permission for development activities. Unlike the content of the development activities originally permitted, the Defendant installed the structure of the reinforced earth retaining wall without obtaining the permission for development activities. Accordingly, the Defendant filed an accusation against the Defendant on March 14, 2017 as a violation of the National Land Planning and Utilization Act, and the Defendant from the Tong Young market on March 29, 2017.