However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

When intending to divert farmland outside an agricultural promotion area, he/she shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after confirmation by the Farmland Management Committee

1. On April 2012, the Defendant unlawfully diverted 70 square meters out of the 1,425 square meters of the wife population C in Chungcheongnam-si without obtaining the said permission, and used 700 square meters of the 1,425 square meters of the farmland outside the agriculture promotion area as a cover of cryping.

2. On April 2012, the Defendant unlawfully diverted 1,070 square meters out of 5,337 square meters, prior to the wife population D in Chungcheongnam-si, in order to use it as a camping site, without obtaining the said permission, the Defendant diverted crops outside the agriculture promotion area.

3. On April 2012, the Defendant illegally diverted farmland outside the agricultural promotion area by storing waste wood materials using 800 square meters out of 907 square meters in the wife E prior to the 907 square meters as fuel for a wood boiler, without obtaining the said permission.

Accordingly, the Defendant diverted farmland of 2,570 square meters outside the agricultural promotion area without obtaining permission from the Minister for Food, Agriculture, Forestry and Fisheries.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. Business registration certificate, land cadastre, full certificate of registered matters, and notification of the results of confirmation of violation of the Farmland Act;

1. Application of statutes on field photographs, field cadastral map, satellite photographs;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution does not specify the size of the farmland unlawfully diverted without permission, the defendant's profits from the operation of camping site for a considerable period of time by using the farmland unlawfully diverted, the defendant pointed out the fact of violation of the Farmland Act and most of the defendants took measures to restore the original state, and the farmland conversion procedure for