Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the owner of the 3,405 square meters of the paddy field in Mosung City.

On February 2011, the Defendant, without obtaining permission from the competent authority, performed development activities to fill up approximately 1.3 meters at a height of 1.3 meters for the purpose of creating an orchard on the above land, and performed development activities to change the form and quality of the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes on site photographs, results of a location map and field photo survey;

1. Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (1) of the Act on the Selection of Criminal Crimes;

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

1. The Defendant and the defense counsel on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order asserts that the alteration of the form and quality of the land in this case is not subject to permission

Article 51(2)3 of the Enforcement Decree of the National Land Planning and Utilization Act provides that even if the change of land category is accompanied by the change of land category, only the change between the field is not subject to permission. In light of the fact that the form and quality of the land is definitely changed when the answer is changed to the orchard, as in the case of this case, when the defendant changes the answer to the orchard to the orchard, it is interpreted that the permission of the competent authority should be obtained. Thus, the above argument is rejected.