The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of facts did not have any of the following facts: (a) the Defendant did not have any of the heavy equipment and materials owned by the Defendant on the instant land; and (b) even if such fact was found, the lower court found the Defendant guilty of the facts charged in the instant case, which

B. Even if the allegation of unfair sentencing is found guilty, the lower court’s punishment (fine of five million won) is too unreasonable.

2. Determination

A. In the instant case where the Defendant, from around 2007 to June 2013, intended to engage in development activities, such as changing the form and quality of land by leasing a parcel of land 3,441 square meters in Gangseo-gu Busan, Gangseo-gu, Busan, and changing the form and quality of land pursuant to the National Land Planning and Utilization Act, the Defendant changed the form and quality of land by piling up heavy equipment and materials on the said land without obtaining permission from the competent administrative agency

B. (1) The lower court found the Defendant guilty of the instant facts charged on the ground of the evidence indicated in its holding.

(2) The alteration of the form and quality of land subject to permission from the competent authority pursuant to Article 56 of the National Land Planning and Utilization Act means the alteration of the form and quality of land by means of cutting, filling, cutting, cutting, or paving, etc., and reclamation of public waters (Article 51(1)3 of the Enforcement Decree of the above Act). It requires that the form and quality of land be de facto changed into the external form and where it is difficult to recover due to such alteration.

According to the evidence duly admitted and examined by the court below, the shape of the land was changed to its external shape solely based on the fact that the heavy equipment and materials are stored in the land, although it is recognized that there was an open-air storage of the heavy equipment and materials on the land in question.

or due to any modification thereof, shall be restored to its original state.