Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

2. In light of the purpose of legislation of the Farmland Act that intends to contribute to strengthening the agricultural competitiveness, balanced development of the national economy and preserving the environment of national land by efficiently using and managing judgment farmland, the Defendant’s liability for the crime of this case is not easy, and the Defendant committed the crime of this case in addition, even though the Defendant had been punished several times for the same kind of crime, etc., even though he had the same record, etc

However, in full view of all the sentencing conditions shown in the arguments of this case, including the period of the crime of this case and the size of the land of this case, the sentence imposed by the court below is somewhat unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act concerning the facts constituting an offense, and subparagraphs 1, and 56 (1) 2 and 5 of Article 140 of the National Land Planning and Utilization Act (a point of an unauthorized development act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;