All appeals filed by the prosecutor against the Defendants are dismissed.

1. Although Defendant A’s failure to remove a facility installed by Defendant A with permission for temporary use of farmland at the expiration of the permitted period, the act constitutes an unauthorized diversion of farmland subject to punishment under the Farmland Act, the lower court acquitted Defendant A and his/her management on the ground that Defendant A’s act does not constitute an unauthorized diversion of farmland. In so doing, the lower court erred by misapprehending the legal doctrine on the diversion of farmland without permission, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. A summary of the facts charged) Defendant A is the representative director of the Company B located in Gunsan-si, who is in charge of the foregoing company’s business. To temporarily use farmland for the purpose of collecting soil and stones and minerals, the Defendant is required to obtain permission from the competent administrative agency on the condition that farmland is restored to farmland after using it for a certain period. Nevertheless, the Defendant did not obtain any new permission for extension of the period of permission even after the period of temporary use permission expires as of May 31, 201, and did not obtain any new permission from June 1, 201 to July 1, 2012, the Defendant is 213 square meters out of 6,104 square meters in Gunsan-si, Si, Gun, and 1,339 square meters in 5 square meters in Do, 2,331 square meters in 1,45 square meters in Ga, 1,66 square meters in 1,66 square meters in Y, and 1,584 square meters in 78 and 1858 square meters in m2.

(2) In order to manage stone crushers and stone production, the Defendant continued to use the existing facilities installed and used without removing them. Accordingly, the Defendant used farmland for other purposes without obtaining permission for temporary use of farmland for other purposes. (2) Defendant B is a corporation established for the purpose of gathering earth, sand, and rock.

A, who is the representative director of the defendant, shall be the same date and place as paragraph (1).