Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

Unlike land category on the land cadastre, the prosecutor asserts that C is mountainous district and D is farmland, and the defendant also stated to the effect that it is appropriate, but considering the evidence in the judgment, the mountainous district in which the defendant installed a chickens and a breeding facility, and the farmland in which a single-story building was installed, appears to be C.

[In particular, when comparing each image of aerial photographys (40 pages of investigation records) and house photographs (171 pages of investigation records), it is possible to clearly confirm that the place where a single-story building is installed is C, and the object is C even in the notice of performance of restoration to the original state of farmland illegal diversion (166 to 169 pages of investigation records).

2. On April 8, 2011, the Defendant violated the Farmland Act: (a) set up a wall on the farmland owned by E located outside the Agricultural Promotion Area, Chungcheongnam-gun, Chungcheongnam-gun; and (b) set up a sandd position board, and diverted the farmland without permission to divert the farmland by installing one building on aground.

3. From April 8, 201, the Defendant: (a) laid 1,200 square meters of the planned ginseng distribution site owned by the victim E, who was located in Chungcheongnam-gun, Chungcheongnam-gun from around April 8, 201 to Police Officers; (b) laid 350 square meters of the planned ginseng distribution site owned by the Defendant; and (c) installed the agricultural equipment storage facility, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Notification of performance of restoration of land cadastre, farmland illegal diversion, and written confirmation of land use plan;

1. Application of field photographs, aerial photographys, housing photographs, and the following guidance statutes:

1. Article 55 subparagraph 1 of the Act on the Punishment of Mountainous Districts, Article 15 (1) of the Management of Mountainous Districts Act (a place where a mountainous district is not reported), Article 57 (2) and Article 34 (1) of the Farmland Act, Article 366 of the Criminal Act, and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;