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. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below on the defendant (such as a fine of three million won) is too unreasonable.

2. As to the instant crime, the Defendant’s act of changing the form and quality of land without permission is deemed to seriously undermine the efficient management of the national land, and there is considerable need to strictly punish the act, and there is considerable area of the land damaged by the instant crime. However, in full view of the following facts: (a) on November 29, 2012, the Defendant obtained permission for development activities on the instant land from Yangsan-si, the Defendant did not have any other penal power, in addition to the one-time penalty power; (b) the Defendant reflects his mistake; and (c) other various sentencing conditions, such as the Defendant’s age, character, conduct, and environment, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 140 Subparag. 1 of the National Land Planning and Utilization Act and Articles 140 and 56(1) of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 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;