A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to special measures for the designation and management of a zone subject to development restriction in violation of the Act on Special Measures for the Designation and Management of Areas subject to development restriction shall obtain permission from

Nevertheless, the Defendant operated a general restaurant in the land outside the Hanam-si, Hanam-si, and one another with the trade name, “I,” which is a zone subject to the border development restriction, without obtaining permission from the competent administrative agency, and changed the form and quality of the parking lot and the garden to the parking lot and the garden. The Defendant extended the area of 80.40 square meters for the purpose of toilets and the warehouse, and extended the area of 15.40 square meters for the purpose of restaurant.

Accordingly, the Defendant changed the form and quality of land and constructed a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, the Defendant, a farmland outside the agriculture promotion area, laid up soil on the 1,477 square meters and used it as a parking lot and a garden without obtaining permission from the competent authority.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Current status photographs;

1. A general building ledger and a current building status map;

1. Application of Acts and subordinate statutes to each land register, a certified copy of cadastral map, and written confirmation for land use;

1. Article 32 subparagraph 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Articles 32 and the proviso to Article 12 (1) (unauthorized changes in the form and quality and construction) concerning facts constituting an offense, Articles 57 (2) and 34 (1) of the Farmland Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act. Article 40 (Special Measures concerning the Determination and Management of Development Restriction Zones due to Unauthorized Alteration of Form and Quality, and Punishment on Crimes of Violation of the Farmland Act, and Punishment on Crimes of Violation of the Farmland Act, the punishment of which is heavier);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;