The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 7,000,000.

The above fine is imposed against the Defendants.

1. Summary of grounds for appeal;

A. Articles 142, 133, and 56 of the National Land Utilization Planning Act (hereinafter “National Land Utilization Planning Act”) stipulate that Defendant B’s person who is engaged in development activities without permission shall be punished even if he/she was ordered to take a measure. The person who engaged in development activities without permission on the land of 2,580 square meters of the Nowon-gu Seoul Special Metropolitan City C Forest (hereinafter “instant land”) is Defendant A, and Defendant B merely leased the instant land to Defendant A, and thus, does not constitute “a person who engaged in development activities without permission.”

Therefore, since each corrective order issued by the head of Seocheon-si Office (the order to reinstate, March 21, 2014, and May 8, 2014) against Defendant B was an illegal administrative disposition that was issued to a person who is not an “person who engaged in development activities without permission,” Defendant B’s act of violating this order does not constitute a crime, but the court below found Defendant B guilty of the facts charged against Defendant B by misapprehending the legal principles as to the person subject to the order to take measures under the National Land Utilization Planning Act, which affected the conclusion of the judgment

B. The sentence (six months of imprisonment and two years of suspended execution) imposed by the lower court on the Defendants on the Defendants’ assertion of unfair sentencing by the Defendants is too unreasonable.

2. Determination

A. As to Defendant B’s assertion of the misapprehension of the legal doctrine, it is consistent with the general principle of criminal law to view that Defendant B’s “a person who engaged in development activities without obtaining permission” under Articles 133 and 56 of the National Land Utilization Planning Act includes not only the person who engaged in the development activities but also the accomplice who participated in the development activities by providing material resources, such as leasing land, with the knowledge thereof, by providing them. (2) According to the evidence duly adopted and investigated by the lower court and the first instance court, the following facts or circumstances are

1. On November 201, Defendant A shall serve as the President of the Korean Culture and Arts Academy, where Defendant B works as a chief of the Korean Culture and Arts Academy.