The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 6 months and fines of 2,00,000, and Defendant B shall be punished by imprisonment with prison labor of 10 months and fine.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles (as to the crime of violation of the Mountainous Districts Management Act), the Defendants committed development activities on each of the lands owned by Defendant B for pension projects, etc., as stated in the judgment of the court below, but each of the above lands at the time was already lost as a mountainous district, and thus, it cannot be seen as “a mountainous district” under the Mountainous Districts Management Act.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence that the court below sentenced against the Defendants (Defendant A: 2 years of suspended sentence in August, and Defendant B: 1 year of imprisonment and fine of KRW 10 million) are too unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles (as to the crime in violation of the Mountainous Districts Management Act)

A. "A mountainous district" under the Management of Mountainous Districts Act means the land where the standing timber or bamboo is collectively growing, ② the land where the standing timber or bamboo collectively growing is temporarily lost, ③ the land used for the collective growth of standing timber or bamboo, ④ the forest road, work roads, etc., ⑤ the land where the mountainous district management is subject to the mountainous district management act (Article 2 subparagraph 1 of the Mountainous Districts Management Act), and whether the land falls under the “a mountainous district” under Article 2 subparagraph 1 of the Mountainous Districts Management Act shall be based on the actual status of the land in question, regardless of the items on the public record, and the land category is the forest land on the land.

Even if a mountainous district loses its phenomenon as a mountainous district and its lost condition cannot be deemed temporary and cannot be deemed as a rock site, etc. located in a mountainous district in light of its surrounding surrounding condition, such land does not constitute a mountainous district, etc. under the Mountainous Districts Management Act, etc. (see Supreme Court Decisions 2009Da11556, Jun. 11, 2009; 2006Do4360, Sept. 14, 2006, etc.).

B. J, K, L,O, P (the court below's decision.)