The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment (7 million won of a fine) imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the defendant's mistake is recognized and the defendant has no record of the same crime.

However, the Defendant committed the instant crime without being aware of the fact that the Defendant had committed the instant crime even during the period of suspension of execution, and the instant crime is deemed to have changed the form and quality of land by raising soil at a height of at least 1.5 meters on the land which is up to 16,029 square meters without obtaining permission from the competent authority. In light of the purport of the law regulating the instant crime and the size of the land that has changed the form and quality of the land, etc., the liability for the crime is not easy in light of the purport of the law regulating it, and the Defendant did not perform the said promise ultimately up to the trial even though he continued to recover the land from the investigation stage to the trial. In full view of the sentencing factors expressed in the instant pleadings, such as the Defendant’s age, character and conduct, environment

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that the Criminal Procedure Act shall apply mutatis mutandis to cases where an appeal by a prosecutor is accepted and the judgment of the court below is reversed. (4) [Attachment] Criminal facts and summary of evidence and facts constituting a crime recognized by the court and summary of evidence are as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 1 and 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;