The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months and the suspension of execution of two years and the community service order of one hundred and twenty hours) is too unreasonable.

2. In the case of the instant crime, the shape of the land is changed by filled-up method by the Defendant without obtaining permission for development activities, and the nature of the relevant crime is not minor, but the height and size of the Defendant filled-up are not specified;

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant merely performed banking operations at the request of the owner on another person’s land; and (c) the Defendant did not perform the instant embling operations to develop his own land; (b) H was granted permission for development activities on earth in the instant land after he was in the first instance trial; (c) the Defendant did not have any record of punishment for the same crime in the instant case; and (d) other circumstances, which are the conditions for the sentencing indicated in the record, such as the Defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the Act on the Planning and Utilization of Criminal Facts (Selection of Penalty) concerning the punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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