1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Punishment of the crime

1. No person who violates the Act on Property of the State shall use or benefit from State property without complying with procedures and methods prescribed by State-owned property Acts or other Acts;

Nevertheless, from March 2012 to October 2016, the Defendant cultivated rice in an amount equivalent to 17,330 square meters in Jinjin City B, which is a state property (administrative property), and harvested rice totaling of KRW 3,191,00,00 in total, from the market value of rice, thereby using and earning from administrative property without complying with the procedures and methods prescribed by the State Property Act or other Acts and subordinate statutes.

2. No one shall illegally occupy or use agricultural production infrastructure without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.;

Nevertheless, the Defendant cultivated rice as above in the above maintenance that was registered as an agricultural production infrastructure at the time stated in paragraph (1) and harvested a total amount of KRW 3,1910,000 in the rice market, thereby illegally occupying and using the agricultural production infrastructure without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Certification of the cultivation of the accused;

1. A whole certificate of registered matters and a certificate of registration of agricultural infrastructure;

1. Application of the survey table on the current status of land use and contract, satellite photographs, and field photographs-related statutes;

1. Article 82, Article 7 (1) of the State Property Act, Article 130 (3) and Article 18 (3) 3 of the Non-Act on the Settlement of Agricultural and Fishing Villages concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The size of the used and profit-making State property is wide, its period is long, and the benefit therefrom is not small: The circumstances exceed the same kind of criminal record or fine.