A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 change the form and quality of land shall obtain permission from the competent authorities.

On October 25, 2016, the Defendant, without obtaining permission on around October 25, 2016, filled up approximately KRW 1.5 to 2m of soil on the site of 13,422m of land using an excavated machine in Gwangju-si D and E, a natural green area, and made changes in the form and quality of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A written statement of I;

1. Report on investigation (the attachment to confirmation of the land use plan) and details of consultation results;

1. The defendant and his/her defense counsel asserted to the effect that the defendant only requested the laying-up of part of the land, such as the initial part of the land in the holding that the part changed in the form and quality at the time was not the whole (13,422 square meters) of the land at the time.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) the testimony of the witness on the above land is recognized as high credibility as a whole; (ii) the Defendant and the defense counsel, as a person engaged in the construction business, have considerable knowledge about the filling of the above land; (iii) although the Defendant requested the filling of a part of the land, there is no reason to proceed with the filling of the entire land contrary to the Defendant’s request; and (iv) rather, it is reasonable to consider that the Defendant and the defense counsel conducted the filling of the entire land by using the soil set up on the above land at the Defendant’s request, which was planned to construct a sub-land after purchasing the above land. Considering the above, the above argument by the Defendant and the defense counsel is without merit).

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 2 of the same Act concerning facts constituting an offense, and the choice of imprisonment;

1. Suspension of execution;