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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to divert farmland in an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, the Defendant, without obtaining permission for the diversion of farmland from April 2014 to July 24, 2015, stored high water in Kimpo-si B and C farmland located in the agricultural promotion area, and in a mushroom cultivation shed installed above it, and used them for the purpose of the preservation of high water.

As a result, the Defendant diverted farmland 940 square meters in an agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of land cadastre, building register, and field investigation report;

1. Application of the statutes in which a written notice of restoration to the original state is written (two cases) to illegal diversion of farmland;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 57 (1) and 34 (1) of the Farmland Act that choose a penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The purpose of the farmland conversion is to contribute to the balanced development of the national economy and the preservation of national land, as the law prescribing matters necessary for the ownership, use and preservation, etc. of farmland, and to the balanced development of the national economy and to the preservation of national land, such matters as the fact that the defendant has led to the confession of the crime in this case and appears to repent of his mistake, the defendant has been sentenced to imprisonment for 6 months and 2 years of suspension of execution, and the defendant has been sentenced to imprisonment for the crime in this case by entering into a separate warehouse.