Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

In the event that anyone intends to change the form and quality of land, he/she obtained permission from the competent authority, but the Defendant changed the form and quality of the land by raising approximately 1.3 meters from December 2, 2012 to February 2013, on the following grounds: C 1,359 square meters, D 1,620 square meters, E 734 square meters, F 734 square meters, F 2,605 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by G in the police interrogation protocol of the accused (second time, accusation and confrontation)

1. A report on investigation (attaching photographs);

1. Application of the Acts and subordinate statutes on the written accusation;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant performed the act of raising about 1.3 meters in the form and quality of the above land to create a dry field without obtaining permission from the competent authority for the development of a dry field (hereinafter “the instant land”). However, the instant act of raising the ground for exclusion as prescribed in Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “the Act”) and Article 51(1)3 of the Enforcement Decree of the Act is not subject to permission for development as it constitutes “the alteration of the form and quality of land for farming,” which is the ground for exclusion as prescribed in Article 56(1)2 of the Act and Article 51(1)3 of the Enforcement Decree of the Act.

On the other hand, Article 51(2)3 of the Enforcement Decree of the Act provides that only the change of land category is subject to permission in relation to the case involving a change of land category among changes in the form and quality of land for farming, the same as the instant case shall be excluded.