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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. Where anyone intends to divert farmland, he/she shall obtain permission from the Minister of Agriculture, Fisheries and Food;
Nevertheless, from December 2, 2005 to June 2013, the Defendant used a container equivalent to approximately KRW 150 square meters in the field of paddy field 2,310 square meters owned by the Defendant, a farmland outside the agricultural promotion area, and diverted farmland without obtaining permission.
2. The defendant and his defense counsel asserted that the land of this case is not farmland under the Farmland Act, and thus is not subject to permission to divert farmland.
3. Determination
A. Whether land is farmland under the former Farmland Act (amended by Act No. 7335 of Jan. 14, 2005) or not must be determined according to the actual phenomenon of the pertinent land regardless of its land category on the public register.
Therefore, if the land whose land category was previously changed on the public register loses its phenomenon as farmland and the status of its loss cannot be deemed temporary, it does not constitute “farmland” any more, and as a result, it does not constitute a subject of permission for farmland diversion under the former Farmland Act.
(Supreme Court en banc Decision 2007Do6703 Decided April 16, 2009). B.
The following circumstances acknowledged by the records, namely, ① the Defendant entered into an exchange contract on December 9, 2005 with respect to the instant land, which was owned by the National Election Commission at the request of the National Election Commission, and applied for the qualification certificate for acquisition of farmland to the North-gu Office at Port on the instant land, but the Defendant returned the application on December 28, 2005 on the ground that it is impossible to cultivate crops in the present state due to changes in the form and quality of the land, ② the Defendant completed the registration of ownership transfer on December 29, 2005 under the name of the Defendant Company D operated by the Defendant, ② the Defendant completed the registration of ownership transfer on December 29, 2005, ③ the Defendant installed containers on the instant land from around that time to June 2013.