Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Any person who intends to divert farmland shall obtain permission from the competent authorities.

Nevertheless, the Defendant:

1. From September 2010 to May 2012, 2012, farmland was diverted without permission from the competent authority to use the farmland for the purpose of storing landscaping rocks without obtaining permission from the competent authority, among the 478 square meters of Gyeonggi-gun, Gyeonggi-gun, which is an agricultural promotion area; and

2. From October 201 to May 201, 201, farmland was diverted without permission from the competent authority to use the farmland for the purpose of installing a vinyl house for landscaping business without obtaining permission from the competent authority, from the Gyeonggi-si, Gyeonggi-do, which is an agriculture promotion area.

3. From October 201 to May 201, 201, the farmland was diverted without permission from the competent authority to install landscaping stone and landscape trees for the purpose of landscaping business without obtaining permission from the competent authority in the Gyeonggi-si E-si, Gyeonggi-do, which is an agricultural promotion area.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. A written accusation;

1. Illegal map;

1. All on-site photographs;

1. Survey map of the current status;

1. Each land cadastre;

1. Each certificate of land use plan;

1. Determination as to the assertion of the defendant and his defense counsel in the investigation report (the confirmation of the airline truth in 2006, 2008)

1. The planting of the claimed landscape trees is not the diversion of farmland, but the above E field 28 square meters is land where there was a mobile-prefabricated house before the defendant was used, and thus, it was not farmland at the time when the defendant was used.

2. First of all, the determination of whether the defendant's act of planting landscape trees does not constitute farmland diversion, and the farmland as provided in the Farmland Act refers to the paddy field, orchard and other land actually used for the purpose of cultivating crops or growing perennial plants regardless of the legal land category (Article 2 subparagraph 1 (a) of the Farmland Act), and the "dition of farmland" refers to the use of farmland for purposes other than agricultural production or improving farmland, such as cultivating crops or growing perennial plants, etc.