Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

In accordance with the National Land Planning and Utilization Act, the Defendant changed the form and quality of the instant land by raising the land exceeding 50cc high, while creating the arable land, such as orchard, on the instant land, without obtaining permission from the competent authority around August 2012, as the actual owner (the title holder of the instant land is the Defendant’s wife C), who is the actual owner of the field B of Geum-gu, Busan (hereinafter “instant land”) designated as a natural green area under the National Land Planning and Utilization Act.

For the foregoing reason, on April 18, 2013, the Defendant failed to comply with an order issued by the head of the Geumcheon-gu Office to take measures with the purport that “the restoration to the original state by May 3, 2013,” and continued to comply therewith on May 23, 2013, the Defendant issued an order to take measures with the purport that “the restoration to the original state by June 11, 2013,” and did not comply with it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the police interrogation protocol of the accused;

1. Written accusation, written statements, and each order to take measures;

1. Application of confirmations on land use plan and photographs;

1. Article 142 and Article 133 (1) 5 of the National Land Planning and Utilization Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;