The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable as the punishment imposed by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. In light of the legislative intent of the Act on Special Measures for Designation and Management of Development Restriction Zones to prevent urban disorderly expansion and preserve the natural environment surrounding the city through restriction on activities in development restriction zones, etc., and the contents and methods of the instant crime, the crime is not less exceptionally, and the Defendant again commits the instant crime even if he/she was punished by a fine on one occasion at around 2003 due to such crime.

However, in full view of the following circumstances: (a) the Defendant made a statement that the Defendant led to the confession of the facts constituting the instant crime and reflects his mistake in depth; (b) the Defendant’s punishment imposed by the lower court is somewhat unreasonable to maintain it as it is, and thus, the Defendant’s assertion is reasonable, since it is recognized that the Defendant’s punishment imposed by the lower court is somewhat inappropriate to maintain it, inasmuch as it is deemed that the Defendant’s assertion is reasonable to have been maintained, given that the Defendant’s punishment imposed by the lower court is somewhat inappropriate, by correcting all violations among the Do judgments of the lower court, was restored to its original state by leasing land in another place; and (c) the Defendant’s age, character, conduct, intelligence

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Designation and management of a development restriction zone with respect to criminal facts and the choice of punishment;