Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a de facto owner of the land (former title: 1,030 square meters) located in B in Jeonju-gun, Jeonju-gun, and the said land shall obtain permission to divert farmland from the competent authority in order to convert the said land as farmland outside the agriculture promotion area.

Nevertheless, the Defendant did not obtain permission from the competent authority on September 2015, and used the farmland to store waste and recycled products on approximately 985 square meters among the above land, as a field yard where waste and recycled products are stored.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A protocol concerning the interrogation of suspects of E;

1. Land register;

1. Application of Acts and subordinate statutes on illegal field photographs;

1. Relevant provisions of the Act concerning the facts constituting an offense and Articles 57 (2) and 34 (1) of the Act concerning the selective farmland;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the land covered by gravel miscellaneous trees, etc. from the time the Defendant purchased the land in 1999, and thus, it does not constitute farmland under the Farmland Act, since its function as farmland was lost.

Even if the instant land was classified as farmland at the time of purchase, the instant land is no longer deemed farmland under the Farmland Act because it completely lost its function as farmland and it does not fall under farmland under the farmland law, since it is not subject to permission to convert farmland.

2. Whether a certain land falls under farmland as prescribed by Article 2 subparagraph 1 of the Agriculture and Forestry Act shall be determined according to the actual status of the land in question regardless of the land category in the public account book, and therefore, the land category in the public account book is all the land category in the public account book.

Even if the land is lost and the state of loss is not temporary, the land is referred to in the farmland law.