The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant asserted the misapprehension of the legal doctrine by diverting farmland with permission to engage in development activities and permission to temporarily use farmland for other purposes with respect to the plot of land (hereinafter “instant plot of land”), the Defendant became unable to restore the instant plot of land to its original state because it permanently lost its nature.

Therefore, the land of this case is not farmland subject to the Farmland Act.

B. The sentence of the lower judgment on the assertion of unfair sentencing (two years of imprisonment for eight months and suspension of execution) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. Whether certain land falls under farmland under Article 2 subparag. 1 of the Farmland Act shall be determined according to the actual state of the pertinent land regardless of the land category in the public record, and therefore, even if the land category is pre-registered on the public record, if the land is lost as farmland and the state of loss is not temporary, the land does not constitute “farmland” under the Farmland Act (see, e.g., Supreme Court en banc Decision 2007Do6703, Apr. 16, 2009). However, if it is a temporary state of loss of farmland and it is easy to restore it to the original state as farmland, it still constitutes farmland under the Farmland Act.

Meanwhile, even if farmland is actually used for another purpose due to a change in the form and quality or diversion, if such change in form and quality or diversion was made with permission for temporary use on condition that it is restored to farmland after use for a certain period, it shall be restored to farmland after the expiration of the permission period, and if it is not impossible to recover farmland due to the degree of the change in the current state thereof, the changed state is merely a temporary one.

(See Supreme Court Decision 2013Do10544 Decided March 12, 2015, etc.). B.

. Determination.