Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Punishment of the crime

1. A person who intends to divert Defendant A farmland shall obtain permission from the competent authorities;

Nevertheless, on July 15, 2017, in order to carry on a repair business of loading cargo, the Defendant leased the land from the owner B of the land in Yong-si, an area outside the agriculture promotion area, which is farmland. On August 2017, the Defendant, without obtaining permission from the competent authorities, performed a civil construction work of land flatization and maintaining access roads in the said farmland, and used it as a loading yard from that time to that time.

Accordingly, the defendant has diverted farmland outside the agricultural promotion area without permission.

2. On July 15, 2017, the Defendant leased the said farmland to A and continued to use it as a loading yard with the knowledge that he/she performed civil engineering works on the said farmland without obtaining permission from the competent authority, as described in paragraph (1) of the foregoing Article, and after being aware that he/she would use it as a loading yard, the Defendant leased the said farmland to A and continued to use it as a loading yard.

Accordingly, the Defendant assisted A to divert farmland outside the agricultural promotion area without permission.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes to accusation, land use planning confirmation personnel;

1. Defendant A who is subject to applicable provisions on criminal facts and who is subject to punishment: Articles 57 (2) and 34 (1) of the Farmland Act; Defendant B who is entitled to a fine: Articles 57 (2) and 34 (1) of the Farmland Act; Article 32 (1) of the Criminal Act; the selection of a fine;

1. Defendant B: Articles 32(2) and 55(1)6 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act