A defendant shall be punished by imprisonment for six 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 temporarily use farmland for other purposes shall obtain permission from the competent authority, and a person who intends to change the form and quality of land or collect soil and rocks shall obtain permission for development activities from the competent authority.

Nevertheless, the Defendant temporarily used the farmland and changed the form and quality of the land by cutting approximately 3,846 square meters of the above farmland from February 2, 2018 to March 27, 2018 in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, at least 5 meters, and collecting and transporting approximately 800 square meters of the soil and rocks equivalent to be cut.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation on illegal diversion of farmland and development activities;

1. Application of Acts and subordinate statutes governing illegal diversion of farmland;

1. Subparagraph 2 of Article 58 of the Farmland Act, Article 36 (1) 3 of the same Act (the occupation of a temporary use of an unauthorized farmland) concerning the facts constituting an offense, and Article 140 subparagraph 1, and Article 56 (1) 2 and 3 (the occupation of an unauthorized development act) of the National Land Planning and Utilization Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence of imprisonment shall be selected in consideration of the fact that the scale of the crime for sentencing under Article 62(1) of the Criminal Act was not small and that the restoration to the original state was not made.

However, the execution shall be suspended in consideration of the fact that the defendant's mistake is recognized and reflects, and there is no previous conviction or fine exceeding the same kind of criminal records or fine.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.