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Acquittal of the Defendant
Reasons
1. Where anyone intends to divert farmland outside an agricultural promotion area without obtaining permission for diversion of farmland, or obtain permission for diversion of farmland by fraudulent or other illegal means, and where he/she intends to construct buildings or build structures, he/she shall obtain permission for development or permission for alteration from the relevant market;
Nevertheless, around June 25, 1979, the Defendant installed farmland B 1,487 square meters in Gwangju-si, Gwangju-si (hereinafter “instant land”) and illegally diverted farmland of approximately 300 square meters by installing wastewater discharge facilities without justifiable authorization and permission.
2. Determination
A. As to the violation of farmland law, the form of “farmland diversion” under Article 2 subparag. 9 of the former Farmland Act (amended by Act No. 7335 of Jan. 14, 2005) is first, the form of farmland cutting, embankinging, or suspending farmland, or installing tangible objects that obstruct the use of farmland, making the form and quality of farmland difficult to restore to its original state as well as its external form. Second, there are cases where the farmland is used for other purposes under the condition that it does not entail any changes in its external form or it does not reach the extent that it is difficult to restore to its original state in light of social norms even if it is accompanied by changes in its external form.
As in the case of the former, the act of farmland conversion itself loses the function of farmland and then uses the land for purposes other than agricultural production, etc. after that, does not constitute “dition of farmland” any longer.
The offense of diversion of farmland without permission should be established immediately upon the completion of such an act and at the same time as the immediate crime completed.
However, as in the latter case, the use of the relevant land for purposes other than agricultural production, etc. is still considered farmland conversion.