All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Fact-finding and misapprehension of legal principles that Defendants did not obtain permission for development in installing structures, such as water tanks and retaining walls, on the instant land; however, Defendants did not intend to violate Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) by installing structures without obtaining permission for development. Defendant A and Defendant B did not conspired to commit the instant crime.

Defendant

B In the case of “Article 56 of the National Land Planning and Utilization Act”, a person who intends to develop “Article 56 of the National Land Planning and Utilization Act is not a subject of the instant crime

B. The sentence imposed by the lower court on the sentence of unfair sentencing [Defendant A: imprisonment for one year, two years of suspended sentence, probation order, Defendant B: Imprisonment for ten months of suspended sentence, two years of suspended sentence, probation order, and Defendant C Co., Ltd. (hereinafter “Defendant”) are deemed to be the Defendant Company.

: fine of 5 million won is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court’s judgment: (a) the evidence duly adopted and examined and the following facts and circumstances acknowledged based on significant facts at the lower court; (b) the establishment and substantial operation of the Defendant Company around January 6, 2009; (c) Defendant A decided to establish the Defendant Company’s construction waste interim disposal business place on the instant land and had Defendant B process the application for permission to the competent authority; and (c) Defendant B applied for development act with the Defendant Company as “land alteration of form and quality” (hereinafter “instant application”).

(4) "Contents of an application for permission for development activities prescribed in attached Form 5" shall be construed as "establishment of a structure / alteration of form and quality of land / collection of earth and rocks."