Acquittal of the accused shall be acquitted.

1. A person who intends to divert farmland in the facts charged shall obtain permission from the Minister of Agriculture and Forestry for the diversion thereof;

However, the Defendant constructed a building without obtaining permission for diversion of farmland and permission for development on farmland of 90 square meters (out of an agricultural promotion area, and planned control area) among 377 square meters in the area of 45 square meters in the area of 377 square meters in the area of Gasan-si, Busan-si, 2010 and the area of 90 square meters in the area of 142 square meters in the area of 2008.

2. Determination

A. The facts charged in the instant case are that the Defendant violated farmland law by constructing a building on farmland without obtaining permission for diversion of farmland.

In this case, since the act of diversion of farmland, which is a construction of a building, loses its function as farmland by itself, the crime of violation of the Farmland Act in this case is an immediate crime established immediately upon the completion of farmland diversion and simultaneously completed at the same time (see Supreme Court Decision 2007Do6703, Apr. 16, 2009). (b) The provisions applicable to the facts charged in this case are Articles 57 and 57 of the Farmland Act (Penal Provisions). ① A person who diverts farmland in an agricultural promotion area without obtaining permission for diversion of farmland under Article 34(1) or obtains permission for diversion of farmland by fraudulent or other illegal means shall be punished by imprisonment for not more than five years or by a fine not exceeding an amount equivalent to the value of land (value of land) according to the individual publicly notified land (hereinafter referred to as “value of land”).

(2) A person who diverts farmland outside an agricultural promotion area without obtaining permission to divert farmland under Article 34 (1) or obtains permission to divert farmland by fraudulent or other illegal means shall be punished by imprisonment for not more than three years, or by a fine not exceeding the amount equivalent to 50/100 of the value of the relevant land.

Article 2. The statutory penalty is imprisonment with prison labor for not more than three years or a fine not exceeding the amount equivalent to 50/100 of the value of the pertinent land (the prosecutor stated Article 57(1) of the Farmland Act in the application of the Act, but this is a provision on farmland in an agriculture promotion area, and the land in this case is an agriculture promotion area.