The defendant is innocent. The summary of this judgment shall be notified publicly.

A person who intends to divert farmland in the facts charged shall file an application with the Minister of Agriculture and Forestry for the diversion of farmland by submitting relevant documents with the head of Si/Gun/Gu having jurisdiction over the location of the relevant farmland. When the Minister of Food and Agriculture intends to grant the diversion permission, he/she shall require a person who intends to obtain the diversion permission to pay farmland preservation charges, which are the amount for preserving, managing and creating farmland, in advance, or on the condition of the relevant permission, and may cancel the said permission if he/she fails to pay farmland preservation charges, and shall delegate the authority to impose the diversion permission and the charges for farmland preservation to the head of Si/Gun/Gu with respect to farmland of less than 30,000 square meters

On the other hand, the former Act on Special Measures for Support for Small Enterprises and Small Commercial Areas (amended by Act No. 10220, Jan. 1, 2011) provides that a company whose building area of a factory under Article 2 subparagraph 1 of the Act on Promotion of Industrial Cluster and Establishment of Factories or a place of business equivalent thereto is less than 1,000m2 in order to promote the free business activities of small business operators and small business operators shall be exempted from the above farmland preservation charges if it newly constructs, expands, or relocates a factory in an area other than the Seoul Metropolitan area.

The defendant is the representative of corporation D and E with the purpose of manufacturing business, etc.

The defendant knows that a small enterprise operating a manufacturing business in accordance with the Act on Special Measures for Support for Small Enterprises and Small Commercial Areas is exempted from farmland preservation charges under certain conditions, and the fact that the defendant was aware that he had built a new factory by diverting farmland and sold it, and did not think that he would bring profits from the sale of it, but he had built a new factory in order to directly operate the small enterprise subject to exemption from farmland preservation charges.