Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Anyone who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns.

Nevertheless, on January 2, 2013, the Defendant, in collusion with D, changed the form and quality of land without permission by raising approximately KRW 6,960 square meters at a height of approximately 2.0m or 2.2m or above in order to increase the area among the 13,517m or volume of paddy-gu E, Seo-gu, Seoju-si, Seo-gu, Seoul, without permission of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or A;

1. Statement of the police concerning L;

1. A written accusation and a written statement;

1. Confirmation of land use plan;

1. A certified copy of each register;

1. Application of the statutes on the location map and photograph;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination on the assertion that permission is unnecessary as a change in the form and quality of land for farming

A. Article 56(1)2 of the National Land Planning and Utilization Act and Article 51 subparag. 3 of the Enforcement Decree of the same Act provide that where the form of land is changed by means of changing the form and quality of land, i.e., cutting, filling, leveling, or paving, or reclaiming public waters, permission from the competent authority shall be obtained. However, exceptions are given to the change of the form and quality of land

In this context, “the alteration of the form and quality of land for farming” shall be interpreted as “the alteration of the form and quality of land for farming” in cases where the form and quality of farmland is changed in order to enhance the productivity of farmland, such as the cultivation of crops in the farmland for which creation has been completed or the simple suspension of soil or small scale

Therefore, the land owner, etc. intends to cultivate the land in question.