The defendant's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant filled up the sum of 3,500 square meters of the aggregate of D and six parcels (hereinafter “instant land”) for dry field farming for the purpose of dry field farming; (b) the level of filled-up does not exceed 2 meters; and (c) thus, it is not subject to permission for development activities.

Article 56 (Permission for Development Activities) (1) of the National Land Planning and Utilization Act (hereinafter referred to as "development activities") (1) Any person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") shall obtain permission for development activities (hereinafter referred to as "development activities") from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing City Mayor, or head of a Si/Gun:

Provided, That this shall not apply to acts performed under an urban or Gun planning project.

2. Alteration of the form and quality of land (excluding alteration of the form and quality of land prescribed by Presidential Decree for farming) (1) acts subject to permission for development activities pursuant to Article 51 (1) of the Enforcement Decree of the said Act shall be as follows:

3. Change to the form and quality of land: Change to the form and quality of land by cutting, embankinging, filling, suspending, paving, etc., and reclamation of public waters (excluding any change to the form and quality of land for farming). (2) "Change to the form and quality of land prescribed by Presidential Decree" in Article 56 (1) 2 of the Act means a change to the form and quality of land for cultivating crops, improving the soil productivity and improving productivity of farmland, and for installing pumping and drainage facilities on farmland on which creation has been completed, which do not fall under any of the following:

1. Where such alteration has an impact on irrigation, drainage or farming in the neighboring land;

2. Where earth is filled by making use of earth and sand that may cause water pollution or soil pollution, such as recycled aggregate, abandoned soil of business place, inorganic sludge, etc.;

3. Where the change of land category is accompanied (excluding the change between the former and the answer), the accused shall also be held in the original judgment.