A defendant shall be punished by imprisonment for not less than eight 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

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, around May 2016, the Defendant, a farmland outside an agricultural promotion area, had installed aggregate 1,797 square meters prior to the operation of the business site for sorting aggregate in the name of Gwangju-si B (former), and five lots outside of Gwangju-si (Seoul), and “C”.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

2. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of a forest office or such;

Nevertheless, on May 2016, the Defendant entered aggregate in the forest of 1,287 square meters in one parcel outside of D(Y) and on the forest of 1,287 square meters.

As a result, the Defendant converted the use of mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. An order to reinstate illegal matters in farmland;

1. Guide map and location map;

1. Application of statutes on site photographs;

1. Relevant Article 57 (2) and the main sentence of Article 34 (1) of the Farmland Act (referring to the diversion of farmland outside an agricultural promotion area) concerning criminal facts, the provisions of Article 53 (1) and the main sentence of Article 14 (1) of the Mountainous Districts Management Act (referring to the diversion of farmland) of the same Act, and the choice of imprisonment, respectively, with labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant engaged in the business of picking aggregate several times in the vicinity of the instant land; the Defendant’s illegal-use land area reaches a total of 3,000 square meters; the Defendant committed an illegal act for the economic benefit of 100 million won or more while recognizing the illegality of the instant crime (the investigation record 22 pages); the Defendant, who was already under control over the instant crime and returned to the original state in around 2015, failed to submit data that was re-resumed and partially restored to the mountainous district (the Defendant is only the leased mountainous district).