Defendant

A, C, and E shall be punished by imprisonment with prison labor for 1,00,000 won and by imprisonment with prison labor for 8 months.

Defendant

A, C, and E are above.

Punishment of the crime

[2015 Highest 2439]

1. Defendant A is the owner of farmland with a size of 2,235 square meters located in Seo-gu, Seoyang-gu, Busan Metropolitan City, which is an agricultural promotion area; the size of 1,755 square meters in I; Defendant C is the owner of farmland with a size of 4,198 square meters in J; the size of 1,653 square meters in K; Defendant B is the owner of farmland with a size of 1,653 square meters in K; Defendant B is the person who leased the said farmland from A and C, and Defendant D is the reclamation business operator.

A person who intends to divert farmland that has an impact on irrigation, drainage, ventilation, and farming of nearby farmland, such as raising the farmland higher than the adjacent land or higher than the water channel used in the irrigation of the relevant farmland, shall obtain permission from the Director of the Food and Agriculture of Agriculture and Forestry.

Nevertheless, on December 2014, the Defendants conspired to fill up the said farmland at a height of about two meters with the permission of the head of the Ministry of Agriculture and Forestry and the Livestock Industry, and conducted an exclusive act that affects the opening of the pipes, drainage, etc. of nearby farmland by raising it at a higher level than water level.

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

[2015 Highest 3107]

2. Defendant E shall obtain permission from the competent authority from the owner of farmland of 2,334 square meters in the area of 2,334 square meters in Seo-gu, Sejong-si, which is an agricultural promotion area; Defendant B shall lease the said farmland from E to set up farming houses; Defendant D shall be a farmland reclamation business entity who wishes to divert the farmland by raising the farmland to a level higher than the water level used in the pipes of the relevant farmland beyond the farmland improvement area.

Nevertheless, the Defendants conspired to convert farmland into farmland on November 2014 by raising approximately 1.8 meters high to water on the said farmland without obtaining permission to divert farmland.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness B;

1. A public official statement in charge of the preparation of M;

1. Application of each accusation and each photographic statute;

1. Articles 57(1) and 34(1) of the Farmland Act, each of the provisions of the relevant law concerning criminal facts, and the Criminal Act.