The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The E, etc. that purchased forest land from the Defendant from the Defendant in mistake of facts and converted the use of mountainous district to change the form and quality of mountainous district, and the Defendant did not have participated therein.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case 1) Any person violating the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si/Gun in order to engage in development activities, such as changing the form and quality of land. Nevertheless, the Defendant shall obtain permission, and the Defendant shall not obtain the permission

(2) On the 2,565 square meters of the land of the above orchard and D orchard, in order to perform the civil engineering work to set the ploss, etc. necessary for his/her own business in the above B and C, who is the actual owner of the right, mobilized articles, etc. along with E, etc., and 5,100 square meters of the above forest area among the above forests, he/she cut and embling earth and sand at a height of about 0.6-10 meters by cutting down and dumping the soil into the slope by using cream and soil-loading truck, piling up it, or dumping it into the slope, and opened an access road of about 80 meters of length and about 4 meters of the area of the above orchard in order to enter the vehicle for the construction work. Accordingly, any person who violates the Mountainous Districts Management Act shall obtain permission to convert mountainous districts, such as changing the form and quality of land without permission from the head of the competent Gun/Gu or the head of the competent Si/Gun/Gu, according to the classification prescribed by Presidential Decree.

Nevertheless, the Defendant cut and embling earth and sand in a height of approximately 0.6-10 meters among approximately 6,923 square meters of the total area of the said mountainous district in the reasons and methods such as the preceding paragraph in the above Kim Sea-si B and C, which is a quasi-preserved mountainous district around May 2017.