A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs after obtaining confirmation from the Farmland Management Committee;

Nevertheless, around April 2015, the Defendant installed three tent facilities and three gates of temporary toilets in Gangwon-do, a farmland outside an agricultural promotion area, and illegally diverted farmland of 123 square meters without permission.

2. Any person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the competent authorities.

Nevertheless, from the end of May 2018, the Defendant extended the 8.7 square meters of the pentia of this building, 6.38 square meters of the storage facilities of this building, 6.08 square meters of the pentia of this building, 18 square meters of a rest room, and 9.38 square meters of a boiler room.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each statement;

1. Notification of an accusation, each photograph, or farmland restoration order due to illegal damage, notification of an investigation report (where any extension building is discovered due to a violation of the Building Act), and application of Acts and subordinate statutes to a criminal investigation report (in cases of an agriculture promotion

1. Relevant provisions of Article 57 (2), Article 34 (1) of the Farmland Act (illegal diversion of farmland), Article 110 subparagraph 1 of the Building Act, and Article 11 (1) of the Building Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act lies in the circumstances favorable to the defendant, such as the fact that the defendant recognized his criminal act, the extended building, and the restoration of farmland to its original state.

However, the defendant has a criminal record of being punished by a fine not less than five times due to the same place of violation of the Food Sanitation Act and the Building Act, and the period of illegal diversion of farmland is relatively long, and the size of the building illegally extended is also small.