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

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

Punishment of the crime

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, from May 30, 2004 to July 29, 2016, the Defendant operated a warehouse service provider with the trade name, Hanam-si, Do, E (Spot), and F, farmland located outside the agriculture promotion area for the interest of the development restriction zone, and used it as the business place of the above company by storing 130 containers in the area of 3,828 square meters, without obtaining permission from the competent administrative agency, by purchasing and piling up 5 to 36 containers each year.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

2. A person who constructs a building, alters the use of a building, installs a structure, changes the form and quality of land, etc. within a development restriction zone without permission from a competent authority violating the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction, shall comply with such order, if the competent authority orders the suspension of construction, or removal, closure, reconstruction or relocation of buildings, structures, etc., or other necessary measures with regard thereto;

A. On April 22, 2016, the Defendant issued a corrective order to reinstate the original state by no later than May 20, 2016, with regard to an act of changing the form and quality described in paragraph (1) from the lower-nam mayor, but did not comply with the corrective order.

B. On August 15, 2016, the Defendant issued a corrective order to reinstate the original state by August 25, 2016 with regard to an act of changing the form and quality listed in paragraph (1) and the same act of changing the form and quality, but failed to comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Business registration certificate;

1. Current status photographs;

1. A land register and a certificate of land use plan;

1. Corrective order / Application of Acts and subordinate statutes for postal service inquiry;

1. Article 57(2), Article 34(1) (unauthorized farmland) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development as well as Article 32 subparag. 2, and Article 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, which are applicable to criminal facts.