The defendant's appeal and prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfair form) reflects the Defendant’s mistake, the Defendant is making efforts to restore the original state, and the Defendant’s land leased to F for the purpose of raising 1,322 square meters is merely about 1,322 square meters, etc., the lower court’s sentence that sentenced the Defendant to a fine of KRW 5 million is too unreasonable.

B. In light of the fact that the Defendant, without obtaining permission from the competent authority, was up to 4,558 square meters in the exclusive use of farmland and the nature of the crime is not good, and that the restoration to the original state is not performed, the sentence imposed by the lower court is too uneasible.

2. The crime of this case is not limited to the extent of illegality by the Defendant’s diversion of farmland and alteration of the form and quality of the land by installing a container and a breeding house on farmland of 4,58 square meters without permission from the competent authorities.

On the other hand, there is no history of criminal punishment for the same kind of crime. On the other hand, it is against the defendant's wrong, and a considerable portion of restoration to the original state is expected to have been completed.

In addition, considering the motive and background of each of the crimes in this case, the circumstances before and after the crime, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the defendant and the environment, as shown in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it is not determined that the punishment imposed by the defendant is too heavy, or is unfair because it is

Therefore, the above ground of appeal is without merit.

3. The appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.