Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[Dissenting] Around September 7, 2016, the Defendant: (a) purchased 3 lots of orchard from B (the Busan District Office C, D, E, and the instant orchard) in the amount of KRW 73.6 million; and (b) agreed to pay the intermediate payment by November 7, 201; and (c) made the remainder payment by December 7, 2016; and (d) made the down payment by failing to pay the intermediate payment and the remainder payment.

[2] On January 29, 2018, the Defendant was well aware of the fact that the instant orchard was designated as a flood control area at the time of the purchase and sale contract, as “The instant orchard is included in the flood control area, and B received prior notice from the administrative agency to attend a public hearing related to the designation of the flood control area.”

In this regard, B submitted a written complaint to the effect that "The 70,000,000 won of down payment, etc. is punished because B entered into a sales contract without notifying it."

In addition, on February 6, 2018, the Defendant appeared at the Maritime Police Station investigation and the 1st economic team, and stated that “I would like to find out that the pertinent orchard became final and conclusive as a flood control area, while attending the Gun Office and the Viewing department.”

In addition, as the instant orchard was confirmed not to be included in the flood control area in the course of the investigation, around March 2, 2018, it again appeared at the Shipping Station of the Korea Coast Guard and stated, “The line of the river area surrounding the orchard is modified according to the land use plan, but the river water is likely to spread, and thus, it was concluded without notifying the possibility of flood damage even if the river water is likely to spread, thereby filing a complaint.”

However, since the instant orchard was not included in the flood control area designated by the Busan Metropolitan City, B did not have been notified from the Busan Metropolitan City or participated in the relevant public hearing.

Rather, the Defendant is the instant case.