A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, and a person who intends to engage in development activities, such as constructing buildings, installing structures, changing the form and quality of land, etc. shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor,

Nevertheless, around August 2014, the Defendant operated a camping site with the trade name “D” in Gyeonggi-gun B and C, and installed 20 macks and macks with a size equivalent to 480 m2 in the above place without permission for diversion of farmland and permission for development of the head of Si/Gun/Gu, and packaged 2,100m2 in the area.

As a result, the Defendant diverted a total of 2,580 square meters of farmland outside an agricultural promotion area without permission for farmland diversion, and installed a structure equivalent to 480 square meters without permission for development, and changed the form and quality of land equivalent to 2,100 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each accusation;

1. A certified copy of cadastral map, land use plan confirmation and land cadastre;

1. On-site photographs of illegal development activities;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (illegal area revision);

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 1 and 2 of the National Land Planning and Utilization Act concerning the facts constituting an offense (the occupation of installing structures without permission and alteration of the form and quality, and installation of structures);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to make a confession and reflect on the instant crime. However, it is inevitable to choose imprisonment with prison labor for the Defendant, in light of the fact that the area illegally diverted or developed by the Defendant was wide and has not been restored for a long time.

However, the defendant is the first offender who has no criminal power, and thereafter the relevant laws and regulations are prescribed.