The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. No person who outlines the facts charged shall divert farmland in an agricultural promotion area without obtaining permission to divert farmland from the Minister of Agriculture, Forestry and Food;

Nevertheless, from January 2014 to April 17, 2015, the Defendant converted the instant land into a place for glamping letters, without obtaining permission for diversion of farmland from Daegu-gun, Daegu-gun, (1,805 square meters), E (1,293 square meters), F (173 square meters), G (895 square meters), and g (895 square meters), which is farmland in the agricultural promotion area.

2. The main sentence of Article 2 Subparag. 1(a) of the Farmland Act provides that “The farmland shall be “the land actually used as farmland for farming crops or for perennial plants regardless of its legal category”.

Therefore, it is necessary to determine which land is farmland under the farmland law according to the actual phenomenon of the land in question regardless of the items in the public register.

Therefore, if the land category on the public record loses the phenomenon of land as farmland and the state of the loss is no longer deemed temporary, it does not constitute farmland, and as a result, it does not constitute farmland under the Farmland Act (Supreme Court Decision 2007Do6703, Apr. 1, 1997). According to the evidence adopted and examined by the court, the land category of the instant land was partially cut in the whole or in fact since the 1970s when trees were planted, and it was used after construction of a frequency building, fish farm, water tank, parking lot, irrigation channel, etc. in the same place; H purchased land of D, E, and F on April 1, 1997 by the Defendant’s mother; thereafter, I purchased land from the same place to 2011; and thereafter, during the same period, the Defendant purchased the land from G&D to 2014, which was operated by G&D facilities, etc.