The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant cut the land of approximately KRW 747 square meters in the Hasan-si H (hereinafter “H”) without obtaining permission for early January 2017 by using a excavating season and then laid up the earth on the adjacent B land; (b) however, the height of cutting or banking up the ground does not reach two meters, and thus constitutes a case for cultivation as prescribed by Article 56(1)2 of the National Land Planning and Utilization Act, Article 51(2) of the Enforcement Decree of the National Land Planning and Utilization Act, and where permission is not necessary.

Nevertheless, the judgment of the court below which convicted him on the ground that the permission of the competent authority should be obtained when changing the form and quality of all the land is erroneous in the misunderstanding of facts.

2. The lower court found the Defendant guilty on the ground that ① (a) the National Land Planning and Utilization Act and its Enforcement Decree are intended to fill in or cut the ground at least two meters of the land, even if the permission is not required for cultivation; and (b) the Defendant’s act does not constitute a case for cultivation under the National Land Planning and Utilization Act and its Enforcement Decree, which does not require permission.

3. Judgment of the court below

A. The relevant statutes are as stated in the relevant statutes (attached Form).

B. Article 56(1)2 of the National Land Planning and Utilization Act and Article 51 Subparag. 3 of the Enforcement Decree of the National Land Planning and Utilization Act provide that a change in the form and quality of land is required to obtain permission from the competent authority in cases of changing the form and quality of land or reclaiming public waters by means of cutting, filling, leveling, paving, etc., but exceptions are given to the change in the form

Here, "Change in the form and quality of land for farming" means the act of growing crops in the farmland that has already been created or the simple work of suspending the soil or small scale for the enhancement of the soil capacity of the farmland.