The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

With respect to the cutting of 11 weeks and 5 weeks of Kakao tree, 11 p.m., the 11 p.m. was removed from the landslide floor caused by a heavy rain on July 201, 201, and 11 p.m., the family defendant was living.

Even if 11 weeks, 5 weeks, etc. as indicated in the facts charged in the instant case do not fall under “50 square meters or 500 cubic meters of the size of the deforestation,” and thus, it is not subject to permission.

As to the change in the form and quality of land by digging up and filling up earth and sand, the Defendant merely did not fill up earth and sand, and the Defendant’s act of selling earth and sand does not constitute “the change in the form and quality of land prescribed by Presidential Decree, such as a change in the form and quality of land that does not result in the construction of a building, and is not subject to permission.”

Before the judgment on the argument on the grounds for appeal by the Defendant’s ex officio, the first instance court ex officio examined the part of the facts charged in this case that the Prosecutor withdraws from the “establishment of a structure by stockpiling stone,” and the subject of this court’s permission was changed, and thus, the judgment of the court below cannot avoid reversal.

Nevertheless, the grounds for appeal by the defendant are subject to a trial by this court.

The facts charged in this case shall be permitted by the competent authority to change the form and quality of the land, cut bamboo and trees in a development restriction zone.

Nevertheless, the Defendant, without obtaining permission from the competent authority on December 2, 2012, cut down approximately 11 weeks of 150 square meters of forest land owned by the Defendant in Seocho-gu Seoul, Seocho-gu, Seoul, the development-restricted zone, and changed the form and quality of land by planting and raising earth and sand.

The lower court’s judgment.