The defendant shall be innocent.

1. The summary of the facts charged in this part of the facts charged is that “a person who intends to change the form and quality of land” obtained permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province branch, or head of Si/Gun, but the Defendant changed the form and quality of land by raising the land at a height of 1 to 2,507 square meters from the total 6,582 square meters of the above land in height of 2,507 square meters on November 2016 without permission from the competent authority while the Defendant cultivated from the land (referred to as the “land” in this case) to the land in Yongsan-si.

“....”

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

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

(2) "Change in the form and quality of land prescribed by Presidential Decree" in Article 56 (1) 2 of the Act means a change in the form and quality of land that does not fall under any of the following subparagraphs, such as a change in the form and quality of land (excluding a change in the form and quality of land prescribed by Presidential Decree for farming) in order to cultivate crops, increase the productivity of farmland, and improve the productivity of farmland, or a change in the form and quality of land for the installation of transfer and drainage facilities on the land upon which creation has been completed:

(hereinafter referred to as each subparagraph omitted) Development Permission and Operation Guidelines (No. 456 of the Ministry of Land, Infrastructure and Transport Directives No. 456) No. 1-4-1 subject to permission for development activities shall obtain permission from the person entitled to permission, and permission shall also be obtained when any permitted matters are modified.

(Article 51 (2) of the Decree) Change to the form and quality of land (for cultivation).