The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, farmland is diverted without permission.

Punishment of the crime

The Defendant is using 4 lots of 3,378 square meters, such as Sacheon-si, which is a production management area, by leasing 13,828 square meters in total, 10,450 square meters in six lots of land, such as Sacheon-si and C, and D, an agricultural promotion area.

In order to temporarily use farmland for other purposes, permission from the head of a Si/Gun/Gu shall be obtained on the condition that farmland is restored to farmland after use for a certain period.

Nevertheless, the Defendant, without obtaining permission from the private market, laid down approximately 1,00 tons of the crushed excavation project at the above location from February 1, 2015 to February 20 of the same month without permission.

Summary of Evidence

1. Statement made by the police for E;

1. Current status of land and copies of drawings;

1. Application of statutes on site photographs;

1. Relevant Article 58 of the Act concerning the facts constituting an offense, and subparagraph 2 of Article 58 of the Act and Article 36 (1) of the Act concerning selective farmland, and selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Part of the suspended sentence under Article 59 (1) of the Criminal Act (this case is a case where the defendant was saved for the purpose of improving farmland and the punishment of the defendant was not so significant, the defendant completed restitution according to an order of the competent authority, and the defendant has no record of punishment other than a fine)

1. The Defendant is using the substance of the facts charged by leasing 13,828 square meters in six lots, such as Sacheon-si, Sacheon-si, and 3,378 square meters, and D, an agricultural promotion area, etc., on a total of 10,450 square meters.

In order to use such farmland for other purposes as agriculture promotion zones and other farmland, permission to divert farmland must be obtained.

Nevertheless, without obtaining permission from the private market, the Defendant diverted the farmland by placing approximately 1,00 tons of the crushed excavation project, which is a waste, at the above-mentioned location from February 1, 2015 to the 20th of the same month, without permission.

2. Determination

(a) In accordance with the former part of Article 57(1) of the Farmland Act and the former part of Article 57(2) of the Farmland Act;