Defendant

A shall be punished by a fine of 4 million won.

Defendant

If A does not pay the above fine, KRW 50,000.

Punishment of the crime

Any person who intends to divert farmland shall obtain permission from the competent authorities.

Defendant

B is the actual owner of land E, 909 square meters and 11 square meters and 466 square meters and above the F, which is farmland outside the agricultural promotion area, and Defendant A is the lessee who wishes to rent and operate the above land from Defendant B. The Defendants did not obtain permission for diversion of farmland from the competent authority, and on January 2012, Defendant B performed the camping construction work by employing the human father and Defendant A bears the above construction cost.

As a result, the Defendants conspired to divert farmland for another purpose without permission of the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A written accusation;

1. Statement of G public official;

1. The overall status of cadastral map, on-site photograph, and illegal buildings;

1. Application of each land cadastre, cadastral map copy, and written confirmation of land use plan;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 57(2) and 34(1) of the Farmland Act, Article 30 of the Criminal Act

1. Selection of punishment;

(a) Defendant A: Selection of a fine [the amount of fine shall be determined within the limit of 412,236,550 won, which is equivalent to 50 percent of the land value of 12 m24,473,100 square meters of illegal diversion (the amount of fine shall be calculated by applying the officially announced land value on the basis of the investigation record five pages and the area of illegal diversion not exceeding 17 pages)];

B. Defendant B: Imprisonment option

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant B of the suspended execution: Taking into account the fact that the Defendants’ reasons for sentencing under Article 62(1) of the Criminal Act have completed restoration to the original state, Defendant A shall be punished by a fine in consideration of the fact that there is no penalty power, in addition to two times of a fine, and Defendant B shall have six criminal records, such as a violation of the Farmland Act once and a violation of the Building Act twice.