A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, the Defendant used farmland for purposes other than agricultural production or improvement, such as cultivating crops or cultivating perennial plants, by cutting off the area of the total area of 21,128 square meters of farmland from June 24, 2014 to November 7, 2014, including Kimpo-si B, Kimpo-si, and Kimpo-si, which is farmland, at least five meters of slopes by using construction machinery, and removing stoves, etc.

2. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from the competent authority;

Nevertheless, without obtaining permission from the competent authority, the Defendant engaged in development activities, such as cutting slopes at least 5 meters from the surface of the land specified in the foregoing paragraph (1), removing the topsoils, etc., by using construction machinery during the period from June 24, 2014 to November 7, 2014.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the examination of suspect of a public prosecutor regarding D;

1. Statement by public prosecutor regarding E;

1. A criminal investigation report (Attachment of photographs related to the land of this case), investigation report (a judgment as to a suspect's lawsuit that is not farmland conversion);

1. A survey report on the actual status of a violation, notification of authorization for implementation of a clearing project, incidental conditions according to the person executing the clearing project, notification of completion of the clearing project, land register, cadastral map copy, a certified copy of the cadastral map, application for a building permit, etc.;

1. Real estate contracts, etc.;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 57 (2), 34 (1) (unauthorized farmland) of the Farmland Act, Articles 140 subparagraph 1, and 56 (1) 2 (unauthorized development acts) of the National Land Planning and Utilization Act concerning the selective farmland;

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

1. The defendant's reasons for sentencing alternative to imprisonment with prison labor are exclusive.