Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who engages in agriculture.

1. Where it is intended to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, permission shall be obtained from the Special Metropolitan City Mayor, Metropolitan City

Nevertheless, from August 20, 2016 to March 2017, the Defendant performed an act of changing the form and quality of land without permission of the competent authority with respect to land size C and seven parcels (D, E, F, G, H, I, and J) 8,285 square meters of the wife population C and seven parcels (D, E, F, G, H, I, I, and J).

2. A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture, Forestry and Food, as prescribed by Presidential Decree.

Nevertheless, the defendant has diverted farmland by performing the act of changing the form and quality of land as provided in paragraph (1) without obtaining permission or filing a report on diversion of farmland from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. A written accusation;

1. Documents for filing civil petitions;

1. A measurement of the level of cadastral map and earth-banking;

1. Each investigation report [The defendant and his defense counsel] asserts that the defendant's act of recording the criminal facts is not subject to permission of development as an alteration of the form and quality of land for cultivation, not subject to permission of development, and there is a justifiable reason to mislead that his act is not a crime since he did not obtain permission of development.

However, in light of the size of cutting and banking recognized by the evidence duly adopted and investigated by the court, the use of the land, and the details of the filing of a civil petition, the Defendant committed an act changing the form and quality of the instant case for farming.

It can not be seen that it constitutes an act of changing the form and quality for cultivation according to the defendant's assertion, and it seems that it has reached the extent of changing or damaging the fundamental function of the above land, so the National Land Planning and Utilization Act is prescribed.