The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

1. The lower court’s punishment (a fine of KRW 7 million) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. The instant case pertains to the Defendants’ diversion of farmland without permission. In light of the legislative intent of the Farmland Act for the protection of farmland, there is a need to strictly punish the Defendants, and the Defendants’ diversion of farmland is not small in size, etc. that are disadvantageous to the Defendants.

However, considering the facts that the defendants recognized the crime of this case, there is no record of punishment for the same kind of crime, there is no record of punishment exceeding the fine, and the farmland used for exclusive use seems to have been restored to the original state, etc., the court below's punishment is somewhat inappropriate in full view of all the sentencing conditions in the arguments of this case, including the family relation, age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore with merit, and the judgment below is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. The Defendants: Articles 57(2) and 34(1) of the Farmland Act, Article 30 of the Criminal Act, the choice of fines, and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing conditions described in Article 334(1) of the Criminal Procedure Act and Article 334(2) of the Criminal Procedure Act shall be comprehensively taken into account.