The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time of Ansan-gu, filled-up on the land of his agricultural and forest area (hereinafter “instant land”) in Nam-gu, Nam-gu, Seoul (hereinafter “instant land”), but this is for farming, which is merely an act of improving farmland to promote the soil capacity, improve productivity, and improve drainage, and constitutes a minor act by making the level of the filled-up height within 50 centimeters, and thus, cannot be deemed an act of changing the form and quality of land subject to permission under Article 56(1)2 of the National Land Planning and Utilization Act.

In addition, since one's field investigation is a procedural illegal investigation without undergoing prior notification procedures, the report on the results of the business trip prepared by D cannot be used as evidence.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same as the grounds for appeal.

The lower court, in light of the following circumstances, fully recognized that the Defendant committed the instant crime.

Based on the judgment, the defendant was convicted.

① A public official D belonging to the Dong-gu, Dong-gu, Chungcheongnam-si, in the form of inserting three of the land filled by the Defendant at the instant site and measuring the height of the land, the Defendant was found to have filled up more than 50 cm high by inserting three of the land filled by the Defendant.

② It is true that it has not gone through prior notification procedures under the Framework Act on Administrative Investigations in the course of confirming the height of the Rabing.

However, it is difficult to regard D's on-site inspection activities as actual investigation procedures.

(In order to collect evidence for specific suspicion of crime, it is not a mandatory method in the process of confirming and checking the complaints raised rather than a d) but a prior notification is destroyed when it is given.