A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who leases farmland of 6,500 square meters, a co-ownership of C and D, located in Dong-si, Si-si, from May 1, 2019 to April 30, 202.

1. A person who intends to divert farmland outside an agricultural promotion area for violating the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

Nevertheless, in order to use the farmland of approximately KRW 6,500 square meters, which is an orchard, as a c,811.5 square meters, from the farmland of around 6,500 square meters, without obtaining a permit to divert farmland from the middleman of November 2019 to the middleman of March 2020, the Defendant diverted the farmland in a manner of piling approximately 11,918.6t of rocks on the said farmland.

2. Permission for development activities shall be obtained from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, to store goods in green areas

Nevertheless, the Defendant, without obtaining permission for development activities, laid down approximately approximately 3,81.5 cubic meters of the above land at the places specified in paragraph (1) from the middle of November 2019 to May 20, 2020, and changed the form and quality of the land, and filled approximately 11,918.6t of rocks for at least one month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F of each police statement concerning E and C;

1. Each report on an investigation (referred to as evidence list Nos. 12, 16, 19) by Acts and subordinate statutes shall apply to the accused;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act concerning the facts constituting an offense (a point for unauthorized use of farmland outside the agriculture promotion area), subparagraphs 1, 140, and 56 (1) 2 and 5 of the National Land Planning and Utilization Act (a point for unauthorized use of farmland outside the agriculture promotion area);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant has diverted farmland to farmland without permission, and the area where development activities were performed is wide.

The defendant violated the National Land Planning and Utilization Act even before the case.