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

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of three years in November 29, 2012 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) in the support of the Friwon Friwon, and was sentenced to a suspended sentence of three years in June, 201, and was punished three times for a crime related to the same development activity.

[2] When anyone intends to divert farmland, he/she shall obtain permission to divert farmland from the competent authority, and when he/she intends to engage in development activities such as changing the form and quality of land, he/she shall obtain permission for development activities from the competent authority

Nevertheless, on April 25, 2015, the Defendant accumulated a stone shed of approximately 15 meters in length, KRW 1.5 meters in height, and KRW 51 square meters in height, and KRW 36 square meters in D land, a warehouse site, around May 25, 2015, on the land in Gyeonggi-gun B, which is farmland within the agriculture promotion area, without obtaining permission for diversion of farmland and development activities from the competent authorities. On May 25, 2015, the Defendant filled up the above B paddy-gun 51 square meters in length, and constructed a road by packaging it with concrete.

As a result, the Defendant diverted farmland 59m2 without obtaining permission, he he stockpiled a stone shed, and changed the form and quality of land in 95m2 in farmland and warehouse sites.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A certificate of the actual survey map and land use plan on illegal land;

1. Application of Acts and subordinate statutes on illegal field photographs;

1. Article 57 (1), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission) concerning the facts constituting the relevant crime, and Articles 140 subparagraph 1, and 56 (1) of the National Land Planning and Utilization Act (the point of unauthorized development activities);

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

1. In full view of the circumstances that the Defendant committed the instant crime and other unfavorable circumstances, including favorable circumstances, such as the circumstance that the area of the instant unauthorized development act, etc. was relatively small, and the Defendant, who had been punished several times, for the reason of sentencing a sentence of alternative punishment, the sentence is to be imposed in the same manner as the disposition.