The defendant is innocent.

1. The summary of the facts charged is a person who, since early 2000, has been engaged in the agricultural promotion area, has been categorized as farmland in Busan Seo-gu C and D, the category of which is farmland.

In order to divert farmland constituting an agricultural promotion area, the Minister for Food, Agriculture, Forestry and Fisheries shall obtain permission from the Farmland Management Committee having jurisdiction over the location of the farmland, as prescribed by Presidential Decree

From early early 2000 to October 28, 2013, the Defendant, without permission, changed the form and quality of farmland of 843 square meters and 347 square meters in the size of the land in Busan Seo-gu, Busan, without permission to divert farmland, and used the farmland for the purpose of using it on the water without permission to divert farmland.

2. Article 2 subparagraph 1 (a) of the Farmland Act defines "farmland" as farmland, paddy field, orchard, and other land actually used as farmland cultivated or perennial plants regardless of its land category, and Article 2 subparagraph 7 of the same Act defines "farmland diversion" as farmland used for purposes other than for agricultural production or improvement of farmland, such as cultivating farmland, cultivating perennial plants, or growing perennial plants. In full view of this, whether land is farmland under the Farmland Act shall be determined according to the actual state of the land concerned regardless of its land category on the public register, regardless of its land category. If land category on the public register loses the phenomenon as farmland and the state of its loss is not deemed temporary even before the land category on the public register, it cannot be deemed farmland under the Farmland Act, and as a result, it does not constitute farmland subject to permission for farmland diversion under the Farmland Act.

(See Supreme Court Decision 2007Do6703 Decided April 16, 2009, etc.). According to the records of this case, it is impossible to confirm the form of land as farmland due to the completion of embanking and stop work as farmland since 1995, such as the entry of the building from around 1995, and the parking of vehicles, etc.