A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a zone subject to development restriction shall obtain permission from the competent authority, and any person who intends to divert farmland shall obtain permission to divert farmland.

Nevertheless, on October 2016, the Defendant newly constructed a 2-story building (180 square meters on the first floor, 180 square meters on the second floor) and a steel framed structure stairs (13.5 square meters on the second floor), and converted the form and quality of concrete of about 400 square meters into the form and quality of farmland at the same time, without permission from the competent administrative authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and D;

1. A report on business trip results and an investigation report on offenses;

1. Current status photographs;

1. Application of land registers and written confirmations of land use plans;

1. Article 57 (2), Article 34 (1) of the Farmland Act (the point of diversion of farmland without permission), Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development Restriction Areas, and the proviso to Article 12 (1) of the same Act (the point of alteration of the form and quality of land without permission) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishments imposed on a person who commits a crime of violating farmland Acts of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. On February 26, 2016, the reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was issued a summary order of KRW 5 million due to the violation of the Act on Special Measures concerning the Determination and Management of Areas subject to Development Restriction on February 26, 2016, and thus, the sentence of imprisonment is inevitable for committing the instant crime repeatedly despite five times or more, and the Defendant has committed the instant crime. The Defendant has been imposed a heavy enforcement amount due to the instant crime, and the Defendant has old age.