Defendant shall be punished by a fine of five million won.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Punishment of the crime

Defendant

A In this case, the actual operator of the farming association corporation was prosecuted for violating the Act on Fraud, Farmland Violation, and National Land Planning and Utilization Act, but the decision of dismissal was notified due to death, the public prosecution was conducted without obtaining permission from the competent authorities, and development activities were conducted, such as converting farmland into the form and quality of land.

1. No farmland shall be diverted outside an agricultural promotion area without obtaining permission from the competent authorities having jurisdiction over farmland violations;

Nevertheless, around July 10, 2014, B performed the construction of a site for detached houses and access roads with approximately 3,000 square meters of land located outside the agricultural promotion area, such as Da, D, and E, without obtaining permission from the competent authority, and diverted the farmland so that the said farmland may be used for purposes other than cultivating crops.

2. He/she shall not engage in development activities, such as changing the form and quality of land, without obtaining permission from the competent authorities violating the National Land Planning and Utilization Act;

Nevertheless, B performed development activities such as changing the form and quality of land category, orchard and forest land into site form in order to build a detached house and construct an access road site without obtaining permission from the competent authority at the location described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify an order to reinstate a report, site of photograph, illegal information, and restitution as a result of a business trip;

1. Articles 61, 57 (2), 34 (1) (unauthorized farmland) of the Farmland Act concerning the facts constituting an offense; Articles 143, 140 subparagraph 1, and 56 (1) 2 of the National Land Planning and Utilization Act (a point of the change of the form and quality of land without permission);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;