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

A person who intends to divert farmland which is an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs as prescribed by Presidential Decree.

Nevertheless, on November 2015, the Defendant, without obtaining permission to divert farmland, set up farmland of approximately two meters in total of KRW 1,200 square meters in the Dong-gu, Dong-gu, Incheon-gu, an agriculture promotion area, E field, KRW 1,397 square meters, KRW 1,421 square meters in F, KRW 482 square meters in total, and KRW 4,500 square meters in G, and used it as a parking lot in the tourist farm “H” operated by the Defendant from around that time to June 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on I;

1. Entry and video of a internal investigation report (verification on the height of earth filling for H parking lots);

1. Full certification (including cancellation matters) of the matters to be registered - Land and farmland ledger;

1. Application of each of the visual Acts and subordinate statutes to a photographic site, illegal farmland location photograph, aerial photography, and field photograph;

1. Relevant provisions concerning criminal facts and Articles 57 (1) and 34 (1) of the Farmland Act that choose a sentence;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act lies on the amount of 4,500 square meters of farmland which the defendant without permission used for exclusive use, and the defendant continues to use farmland as a parking lot even after being ordered to order the restoration from the Yananananananan market on November 9, 2015, and the defendant has the record of being punished twice by a fine due to the same type of crime and other crimes (two times of suspended sentence of imprisonment and fifteen times of fine). The defendant is selected to be sentenced to imprisonment in consideration of the fact that he/she is punished 17 times (one time of sentenced to a fine) due to the same crime, but the defendant appears to have restored to his/her original state; the defendant has no criminal power after around 2010; the defendant recognized the crime and reflects the defendant's age, character, conduct and environment