[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above punishment shall be executed for one year from the date this judgment becomes final and conclusive.

Criminal facts

Defendant

B is an owner of 2,037 square meters in Il-dong-gu, Busan Metropolitan City outside the agricultural promotion area, and the Defendant A is an operator of the "E" used in order to collect and sell scrap metal, etc.

Although a person who intends to divert farmland has obtained permission from the competent authority, Defendant B knowingly leased the said farmland from January 5, 201 to January 9, 2015, with the knowledge that Defendant A would use it as a solid property, and Defendant A used the said farmland as a solid property for the said period, such as installing a container and piling scrap metal, etc.

As a result, the Defendants conspired to divert farmland outside the agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A written accusation;

1. A certificate of all registered matters;

1. Confirmation of land use plan;

1. Land and forest register;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 57(2) and 34(1) of the Farmland Act, Article 30 of the Criminal Act, and choice of imprisonment with prison labor

1. The Defendants on probation: (a) even though the reason for sentencing under Article 62(1) of the Criminal Act was already punished by a fine due to the illegal use of the farmland in this case, the Defendants continued to commit the instant crime using the farmland in this case as illegal, and the period is not shorter than that; (b) thus, they shall be punished by imprisonment at this time with prison labor.

In addition, the circumstances leading to the instant crime, the size of illegally used farmland, the age, character and conduct, environment, motive, means and consequence of the instant crime, etc. of the Defendants shall be determined as ordered in consideration of the following factors.