Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

The Defendant is the owner of the Seojin-gu Seoul Special Metropolitan City B, C, D 1,837 square meters, which is farmland.

Any person who intends to divert farmland shall obtain permission from the Minister of Food and Agriculture for Food, Agriculture and Forestry, as prescribed by Presidential Decree.

Nevertheless, from August 2015 to July 4, 2017, the Defendant diverted the farmland to E without obtaining permission from the Minister of Agriculture and Food, Agriculture and Food, and by allowing E to use the farmland as a parking lot, open storage place, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol concerning the suspect interrogation of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of suspect-related data (land register, etc.) and letter file);

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. Grounds for conviction under Article 334(1) of the Criminal Procedure Act against the order of provisional payment;

1. Whether the farmland of this case is “farmland” under the Farmland Act

(a) Whether a concept of farmland falls under farmland under Article 2 subparagraph 1 of the Agriculture and Forestry Act shall be determined according to the actual status of the pertinent land regardless of the land category in the public account book, regardless of whether such land falls under farmland as provided by Article 2 subparagraph 1 of the Agricultural and Fishing Villages Act. Accordingly,

Even if the phenomenon of farmland is lost and the state of loss is not temporary, the land does not constitute “farmland” as referred to in the Farmland Act (see, e.g., Supreme Court Decision 2007Do6703, Apr. 16, 2009). However, if the state of loss of farmland is a temporary state and it is difficult to restore the farmland to its original state easily due to its temporary state, the land is still deemed farmland as prescribed in the Farmland Act (see, e.g., Supreme Court Decision 2013Do10544, Mar. 12, 2015).