The defendant shall be innocent.

1. A person who intends to divert the gist of the facts charged in this case shall obtain permission from the Minister of Agriculture, Forestry and Food, as prescribed by Presidential Decree;

On April 2017, the Defendant, without obtaining permission from the competent authority, unlawfully diverted farmland by means of camping concrete collection products in Yangju-si B (former 3,895 square meters) 3,895 square meters.

2. Determination Dog, whether land is farmland or not shall be determined according to the actual condition of the land concerned regardless of the land category on public account books, and therefore, the land category on public account books shall be all the public account books.

Even if the state of loss of farmland is no longer deemed temporary, the land does not constitute “farmland” and as a result, it does not constitute the subject matter of permission to convert farmland under the former Farmland Act (see, e.g., Supreme Court Decision 2007Do6703, Apr. 16, 2009). In light of the above legal principles, the health unit as to the instant case and the evidence duly adopted and examined by this court are comprehensively considered as follows: ① the Defendant, around December 7, 2016, under Article 33 subparag. 1 of the Small and Medium Enterprise Start-up Support Act and Article 19 subparag. 3 of the Enforcement Decree of the Act on the Promotion of Industrial Cluster and Factory Establishment, etc., obtained approval of a business start-up plan for the use of the instant land B, etc. as a factory for the purpose of construction of the instant land under Article 19(3) of the former Enforcement Decree, and the Defendant had to use the instant land B, etc. before using the instant land’s product as its original purpose in accordance with the “land revision.”