Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

B is the owner of land C at the time of harmony, and the defendant A is the person who leases and uses the above land from the defendant B.

1. Any person who intends to engage in development activities, such as changing the form and quality of land, through an unauthorized development activity shall obtain permission from the competent authority;

The Defendants, despite being aware of the fact that the land category of the above land was “maintenance” and thus cannot be developed as farmland, conspired to use it as farmland after Defendant A leased and developed from Defendant B.

From October 2016 to November 7, 2016, Defendants conspired to embling on the land with approximately 6,476 square meters from the end of 2016 to the end of 6,476 square meters, and performed development activities by using the flag, etc., and changing the form and quality of the land.

2. The head of a competent administrative agency due to a failure to comply with an order to take measures may order a person who engages in development activities without obtaining permission for development activities to take necessary measures, such as suspension of construction works;

D On October 31, 2016, the head of the Myeon issued an order to take measures with respect to the same act of violation as referred to in the preceding paragraph, stating that “the construction was immediately suspended and the restoration was ordered by November 14, 2016.” Defendant A was directly issued an order to take measures as above on October 31, 2016, and Defendant B was issued a written order to take measures as above through registration around November 2, 2016.

Nevertheless, until November 7, 2016, the Defendants conspired and continued to embezzling in approximately KRW 6,476 square meters of the land of the Republic of Korea by using a digging machine, etc., and did not perform the restoration of the land of the Republic of Korea by November 14, 2016, thereby violating the order to take measures.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Legal statement of witness E;

1. A criminal investigation report (Submission of a survey map on the current status of an accuser);

1. A letter of business trip (verification of non-compliance with an order to suspend construction works);

1. Land register, land use plan, and current survey drawings;

1. Illegal changes in the form and quality;