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The prosecutor's appeal is dismissed.
Reasons
1. The grounds for appeal (in fact-finding, misunderstanding of legal principles) is that the defendant's act is up to the extent of changing or damaging the fundamental function of land, and is subject to permission for development activities. Therefore, the judgment of the court below which acquitted the defendant of the facts charged
2. Determination
A. The lower court determined as follows: (a) the Defendant’s assertion that a change in the form and quality for farming is not required to permit development activities pursuant to Article 56(1)2 of the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018); (b) Defendant’s act constitutes a change in the form and quality for construction purposes; and (c) Defendant’s act constitutes farmland whose creation has not been completed, and thus does not fall under Article 56(1)2 of the Act; (d) in full view of various circumstances recognized by the record, it cannot be readily concluded that the Defendant changed the form and quality for construction purposes at the time of changing the form and quality of the instant case; and (e) there is no other evidence to acknowledge it; and (e) the instant land subject to the change in the form and quality of the instant case is a land with a long-term rice shed, etc. as at the time the Defendant purchased on February 2, 201
B. 1) The appellate court’s determination is based on the related laws and subordinate statutes 【The former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “Act”) Article 56(1) of the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “Act”).
Any person who intends to grant permission to a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun
shall be subject to such order.
Provided, That acts under an urban or Gun planning project shall be performed.