The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Ex officio determination

A. In the case where the same business operator intends to additionally engage in a development project in an area adjacent to an area that already obtained permission in the summary of the part violating the Framework Act on Environmental Policy, among the facts charged in the instant case, where the aggregate of permitted area and the area to be additionally permitted is at least 10,000 square meters, and the area to be additionally permitted is at least 3,000 square meters, the construction work for the relevant

Around May 25, 2011, the Defendant intended to obtain a construction permit with respect to the same F land adjacent to K, L, M, and N land in Chungcheongnam-gun, Chungcheongnam-do, where a construction permit had already been granted, and the total area of 5,763 square meters and the same F area to be additionally permitted is at least 10,000 square meters, and the area of the same F land is at least 3,000 square meters and the same area of the same F land for which a construction permit has already been granted, and thus, the Defendant was not allowed to construct the relevant project before completing the procedures for prior examination of environmental impact.

Nevertheless, the defendant is guilty of the crime 1 of the judgment below.

A. As described in the paragraph, the project was constructed prior to the completion of the preliminary examination for environmental feasibility while developing 5,911 square meters of the same F-land, which is an area adjacent to the land of the same K, including K, for which permission was already granted.

B. According to Articles 3 subparag. 7, 25, 25-2, and 25-3 of the former Framework Act on Environmental Policy (amended by Act No. 10893, Jul. 21, 201; hereinafter “Environmental Act”), prior to the determination of the Defendant’s grounds for appeal, the prior examination of environmental feasibility is conducted by the head of the relevant administrative agency when granting permission, etc. for a development project at the request of the business operator.