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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.
Nevertheless, around July 2017, the Defendant diverted farmland of 6,601 square meters in total by making up farmland of 4-5 meters at a maximum of 4-5 meters without obtaining permission to divert farmland in each farmland (farmland outside an agricultural promotion area) located in Chungcheongnam-gun B, C, and D.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A written accusation;
1. Application of each of four copies of land cadastre, land use plan confirmation certificate, cadastral map, and confirmation document of individual land price, and field photograph statutes;
1. Relevant provisions concerning criminal facts and Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty. Article 57 (2) and 34 (1) of the same Act
1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act, where the original status of each farmland in the market was not farmland, and the Defendant’s farmland diversion act did not go against the intent of each farmland owner, and where the FF’s pulmonary timber which was the beginning of the instant accusation is difficult