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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

In order to change the form and quality of land, any person shall obtain permission from the competent authority and obtain permission from the competent authority to divert farmland outside the agricultural promotion area, but the Defendant, without permission, did not obtain permission from August 16, 2010 to August 17, 2010, performed 200 square meters out of 11,805 square meters in Gyeonggi-gun, Gyeonggi-gu, Gyeonggi-do, using scrailss, etc. with respect to 11,80 square meters, and used 30 square meters in the above land to change the form and quality of land and divert farmland at the same time by constructing a road using circular aggregates for 30 square meters in the above land.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Statement in all or some of the witness E, F and G in the fourth trial records;

1. Any statement by a witness H and I in whole or in part;

1. Statement of accusation;

1. Records of each cadastral survey and the current status of land publication;

1. Application of the location map and on-site photograph statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act ( point of changing the form and quality of an unauthorized land), Articles 57 (2) and 34 (1) of the Farmland Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. Under Article 56(1)2 of the former National Land Planning and Utilization Act (amended by Act No. 10580, Apr. 12, 2011) and Article 51 subparag. 3 of the Enforcement Decree of the same Act, the Defendant, among the facts charged in the instant case, asserts that permission is not necessary due to changes in the form and quality of land for farming, and thus, the Defendant may engage in an act without permission in cases of changing the form and quality of land for farming. However, in cases of changing the form and quality of land for farming, the alteration of the unlimited form and quality of land is unlimited.