1. The Defendants shall be punished by a fine of KRW 700,000.

2. The Defendants did not pay the above fine.

Punishment of the crime

Defendants are co-owners of land Hongcheon-gun, Gangwon-do E (hereinafter referred to as “instant land”).

A person who intends to engage in development activities (change of the form and quality of land) shall obtain permission from the competent authority, but on October 2014, the Defendants performed construction works to prevent the flow of water from the above land in a patrolman without obtaining permission from the head of Hongcheon-gun, and performed development activities to alter the form and quality of the land by using scrafs and cutting and banking the area of approximately 4,628 square meters using scrafs.

Accordingly, the Defendants were engaged in development activities without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement to the effect that the Defendants cut and filled up the ground stated in this Act;

1. Legal statement of witness F;

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes in writing of the F (including field photographs);

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendants cut and filled up the land of this case in order to prevent a ditch from flowing water into mountain; (b) the Defendants did not have the same criminal record; and (c) the Defendants received the permission of development after the instant case, after considering the fact that the Defendants received the permission of development.

As to the Defendants’ and their defense counsel’s assertion, the Defendants and their defense counsel asserted that the cutting and filling-up of the Defendants’ cutting constitutes “the alteration of the form and quality of land for cultivation” under Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) and Article 51(3) of the Enforcement Decree of the same Act, and thus, is not subject

Article 56 (1) 2 of the National Land Planning and Utilization Act and Article 51 subparagraph 3 of the Enforcement Decree of the same Act are changes in the form and quality of land.