The defendant shall be innocent.

1. The summary of the facts charged is the person who is the owner of the farmland D or E (hereinafter “instant farmland”).

In order to divert farmland outside an agricultural promotion area, the Defendant, while having not obtained permission from the competent authority to divert farmland from the competent authority, was diverting the farmland by raising the farmland as soil around July 2009 at approximately 30 cm above the adjoining land while raising the farmland as soil.

2. The definitions of terms used in this Act shall be as follows:

7. The term "farmland diversion" means diversion of farmland for any purpose other than the cultivation of crops or the cultivation of perennial plants.

Provided, That the use in cases of subparagraph 1 (b) shall not be deemed diversion.

Article 34 (Permission to Divert Farmland and Consultation) (1) A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland, as prescribed by Presidential Decree, except in

The same shall also apply where he/she intends to change any important matter prescribed by Presidential Decree, such as the area or boundary of permitted farmland.

1. Where farmland is diverted through consultation legally construed as permission to divert farmland under other Acts;

2. Where the diversion is made for farmland in an urban area under the National Land Planning and Utilization Act following consultation under paragraph (2) or the farmland excluded from that subject to consultation under the proviso to paragraph (2) 1;

3. Where the diversion of farmland is made after filing a report on the diversion of farmland under Article 35;

4. Where the farmland illegally reclaimed without obtaining permission for diversion of a mountainous district under Article 14 of the Mountainous Districts Management Act or without filing a report on diversion of a mountainous district under Article 15 of the same Act is restored to a forest;

5. Alteration of the form and quality of farmland with permission from the river management agency under the River Act.