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

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

Punishment of the crime

1. No person who violates the Act on Property of the State shall use or benefit from State property without complying with procedures and methods prescribed by State-owned property Acts or other Acts;

Nevertheless, from April 2012 to October 2016, the Defendant cultivated rice in an amount equivalent to 18,700 square meters in Jinjin-si B, a state-owned property (administrative property), and harvested rice totaling KRW 48,60,000,00 from total market value of 420,000 to total market value of rice, thereby using and benefiting from administrative property without complying with the procedures and methods prescribed by the State Property Act or other Acts.

2. No one shall illegally occupy or use agricultural production equipment or facilities without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for human life rescue;

Nevertheless, the Defendant cultivated rice as above in the above maintenance that was registered as an agricultural production infrastructure at the time stated in paragraph (1) and harvested a total of KRW 48.6 million at the price of rice, thereby illegally occupying and using the agricultural production infrastructure without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Certification of the cultivation of the accused;

1. Application of Acts and subordinate statutes to a full certificate of matters to be registered, a certificate of registration of agricultural infrastructure, a certificate of land use and contract status inspection table, satellite photographs, field photographs, and investigation report (hereinafter referred to as "record 81 pages");

1. Article 82, Article 7 (1) of the State Property Act, Article 130 (3) and Article 18 (3) 3 of the Non-Act on the Settlement of Agricultural and Fishing Villages concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The size of the used and profit-making State property is wide, its period is long, and the benefit therefrom is not small: A previous conviction of the same kind;