Defendant

A Imprisonment for four months, each of the defendants B and C shall be punished by a fine of two million won.

Defendant

B and C shall each be subject to the above fine.

Punishment of the crime

Defendant

A appears to be a clerical error in the "agricultural promotion area" written indictment outside the agriculture promotion area for the interest of the development-restricted area.

Since May 30, 2016, Defendant B and Defendant C are farmland owners, and they have leased and used the above land.

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, or divert farmland in a zone subject to development restriction shall obtain permission from the competent authorities.

1. Nevertheless, despite Defendant A’s sole crime, the Defendant, without obtaining permission from the competent authority, constructed one warehouse with a size of 110 square meters wide and one warehouse with a size of 140 square meters wide on the said land, around May 2015.

2. The Defendants’ joint crime did not obtain permission from the competent authority to divert farmland. From May 2016, Defendant A leased the above land and warehouse with a size of 110 square meters to Defendant B with a deposit of KRW 5 million, and monthly rent of KRW 500,000,000,000. The storage of the above land and warehouse with a size of 140 square meters was leased to Defendant C with a deposit of KRW 5 million and monthly rent of KRW 7,50,000,000. Defendant B and Defendant C used the above land and warehouse for general business purposes from the above date to October 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police statements made to E and F;

1. A written accusation, a report on the results of a business trip, and an investigation report on offenses;

1. A real estate lease contract and a monthly rent contract for warehouse;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 31(2)1, the proviso to Article 12(1) (a) of the Act on Special Measures for the Designation and Management of Development Restriction Zones (amended by Act No. 13670, Dec. 29, 2015; hereinafter the same shall apply), Articles 57(2) and 34(1) of the Farmland Act, Article 30 of the Criminal Act (a)

B. Defendant B and C: Articles 57(2) and 34(1) of the Farmland Act, and the Criminal Act.