Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

A person who intends to divert farmland shall obtain prior permission from the Minister of Agriculture, Food and Rural Affairs, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the head

Nevertheless, on August 2012, the Defendants conspired and did not obtain permission from the competent authorities, and used farmland 1,308 square meters in Si, Si, Si, Dong-Eup, farmland 1,147 square meters in Si, Dong-Eup, with 25t dump trucks and sckes, and 1,875t dump trucks and gravel at a height of about 1m, thereby converting land into the form and quality of land, and engaged in development activities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each investigation report, illegal farmland diversion status, and each field photograph;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act, Article 30 of the Criminal Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) of the Criminal Act concerning facts constituting an offense; Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of a fine (including the fact that a person commits a crime and commits a mistake, the fact that there is no record of punishment for the same crime, and the fact that restoration has been completed)

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

1. Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (see, e.g., the fact that criminal conduct and mistake are recognized, the fact that there is no record of punishment for the same kind of crime, the fact that restoration to the original state has been completed, and that there is a personal difficult situation);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B);