The Defendant is the owner of dry field 1,582 square meters in the Changwon-si, Yongsan-si, Mgu.

In order to divert farmland, the Minister of Agriculture and Forestry shall obtain permission (it shall be delegated to the head of a Si/autonomous Gu, etc. pursuant to Article 71 of the Enforcement Decree of the Farmland Act), as prescribed by Presidential Decree.

Nevertheless, from February 22, 2017 to August 22, 2017, the Defendant kept approximately KRW 16.5 square meters in the area of 16.5 square meters in the ice facility used as a mushroom cultivation shed with approximately KRW 105 square meters among the above farmland without permission.

As such, the Defendant diverted farmland without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Written accusation and illegal photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 57 (2) and Article 34 (1) of the Act, the selection of a fine, and the selection of a fine, concerning the facts constituting an offense;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. We examine whether the prosecution of this case goes against the principle of no objection, while examining whether the prosecution of this case goes against the principle of no objection, in light of Article 59(1) of the Criminal Code (the fact that there is no heavy criminal history, the defendant's age, economic situation, and circumstances of the case).

Where a judgment becomes final and conclusive on a part of a crime related to a single comprehensive crime, such as continuous crime, the final and conclusive judgment has only res judicata effect on only the crime committed prior to the ruling of the fact-finding court.

However, according to the evidence duly adopted and examined by this court, the defendant was at the Changwon District Court on May 12, 2015 in the same year from February 2014 without permission.

8. By around 20.20, he kept approximately 500 km (5 km) on the area of 16.5 square meters in a luice facility, which is used as a mushroom cultivation shed with approximately 105 square meters of the said farmland, among the said farmland.

“A sentence of a fine of KRW 300,000 is imposed on the grounds of the facts constituting an offense, and the appellate court on the above judgment is the court of final appeal on August 19, 2015, and the court of final appeal on August 2015.