The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is as follows: (a) the Busan District captain C and D Forest had already been reclaimed as farmland before June 201; and (b) the Defendant only maintained each of the above land in a state of temporary closure by removing a new grass, etc.; and (c) the Defendant did not change the form and quality of the land without permission; and (d) the lower court convicted the Defendant

2. Determination

A. Prior to the judgment of the court below on the grounds of appeal by the defendant's ex officio reversal, the prosecutor applied for changes in the form and quality of the land without permission by the defendant when the prosecutor was in the trial of the court below, and the defendant applied for changes in the form and quality of the land from Busan-gun C and D to D. Since this court permitted the changes in the subject of the judgment, the judgment of the court below cannot avoid reversal.

B. The judgment of the court below on the assertion of mistake of facts is still subject to the determination of this court because the defendant's assertion of mistake of facts is still subject to the determination of this court, so the alteration of the form and quality of land under Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones means the alteration of form and form of land by cutting, filling, or stopping land, etc. and reclamation of public waters, and the form and form of land is to be de facto changed into external form and its alteration makes it difficult

(See Supreme Court Decision 2004Do8436 Decided November 25, 2005, etc.). According to the evidence duly adopted and examined by the court below and the court below, 450§³ of D forest land in Busan-gun was in the state of forest land until April 201, 201, the defendant performed work to embling the farm houses in the above forest located within the development restriction zone without permission on June 10, 201, and the fact that the shape of the above forest has been changed to farmland to the extent that it is difficult to restore the original state due to the defendant's above work.