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The defendant shall publicly announce the summary of the judgment of innocence.
Reasons
1. The Defendant is the actual owner of the farmland C, D, and E in the facts charged, and the person who participated in the operation of the company as the start-up owner and the actual owner of G in the vicinity of the said F farmland.
A person who intends to divert farmland in an agricultural promotion area shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries.
Nevertheless, from May 2009 to July 2009, the Defendant used the farmland in the above C, D, and E for the purpose of removing the remaining quantity of ready-mixed vehicles and parking lots without obtaining permission from the Minister for Food, Agriculture, Forestry and Fisheries.
Accordingly, the defendant has diverted farmland in an agricultural promotion area without obtaining permission to divert farmland.
2. Determination
A. The attitude in which “the diversion of farmland” as referred to in Article 2 of the Farmland Act is constituted as soon as the farmland in this case is an immediate crime or a continuous crime. First, there is a case where farmland is cut, filled-up, or suspended, or where a material that may obstruct the use of farmland is installed so that it is difficult to restore the form and quality of the farmland to its original state because it is difficult to restore it to its original state because it is not only the external shape but also the form and quality of the farmland is changed, and second, there is a case where the farmland is used for other purposes, even if it does not entail any changes in external form or it is accompanied by changes in external form
If, like the former, the act of diversion of farmland itself loses its function as farmland and thereafter the act of using the land for purposes other than agricultural production, etc. is no longer deemed to constitute “didition of farmland,” the act of diversion of farmland without permission should be deemed to be an immediate crime established upon the completion of such act and simultaneously completed.
(b).