All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants (misunderstanding the facts and misapprehension of the legal doctrine) purchased the F-si land (hereinafter “the instant land”) at Hanam-si, stating that the Defendants were intended to use the building on the instant land as a warehouse for business purposes, and obtained land transaction contract permission from the subordinate market. As such, the Defendants did not have awareness that the use of the instant land was changed without permission, and there were justifiable grounds therefor.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (the suspended sentence of a fine of one million won) is too uneased and unreasonable.

2. Determination

A. In addition to the circumstances revealed by the lower court on the Defendants’ assertion of misunderstanding of the facts and legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① insofar as the Defendants used the instant land used as the site for the building in the village common ditch without obtaining permission for alteration of use as a warehouse, the Defendants’ intent to commit a violation of the Act on Special Measures for the Determination and Management of Areas subject to Restriction on Development, as long as the Defendants used the said land as the site for the business site for the warehouse, and ② the Defendants

Even if the land transaction contract permit is issued to the Defendants, it is known that the permission for the land transaction contract is a permission under Article 118 of the National Land Planning Act, so various permissions under the individual law should be separately granted by the relevant department, so the period of attention is reached.

“As the Special Measures Act on the Designation and Management of Areas subject to Development Restriction, separate from the said Land Transaction Contract Permission, was required to change the purpose of use under the said Special Measures Act, there is a justifiable reason for such misunderstanding.

§ 23.