1. The judgment below is reversed.

2. The defendant is not guilty;

3. The summary of the judgment against the defendant shall be published;

1. A summary of the facts charged is a person who is developing a tourist farm.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland.

Around August 2009, the Defendant, without obtaining permission from the Minister of Agriculture and Forestry, diverted farmland by opening roads with a length of 203 meters and a width of 1.3 meters in a way that is owned by C and C, a farmland outside the agricultural promotion area, can be said to be graveld by sckes.

2. The lower court found the Defendant guilty of this part of the facts charged on the ground that the Defendant, by taking full account of the evidence as indicated in the judgment below, contained the following facts: (a) the access of construction vehicles to tourist farm creation, and the gravel on the farmland recorded in the facts charged for the convenience of tourist farm users

3. It is difficult to view that farmland has been diverted to a road because it is merely a common farming road management act in which the Defendant opened a road with gravel above the above land, since the land stated in the summary of the reasons for appeal was used as a farming road.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

4. Judgment of the court below

A. The pattern in which the “didition of farmland” as referred to in the Farmland Act is made refers to the case where the farmland is used for other purposes in such a situation that it does not result in any changes in the external form and form of the farmland, or even if it is accompanied by any changes in the external form and form, it is reasonable to view that the farmland is used for other purposes in such a situation where it is not difficult to restore it to its original state even if it does not result in any changes in the external form and form of the farmland or it is accompanied by any changes in the external form and form.

Supreme Court Decision 209.4. 16.