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(영문) 제주지방법원 2013.05.01 2012고정832

농지법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the head of the Jeju Branch Office Co., Ltd. at Jeju.

On May 10, 2004, Jeju Mayor approved and publicly announced as “three kinds, as urban planning facilities,” two lots of land, including the land of 118 square meters and the land of 156 square meters, which is located outside the agriculture promotion area, and the land of 118 square meters and the land of 38 square meters.

As such, a person who intends to divert the farmland approved and publicly announced as "Class 3," which is an urban planning facility, shall obtain permission from the Jeju Mayor having jurisdiction over the location of the land.

However, on September 201, 201, the Defendant used two lots of land, including 32 square meters in Jeju-si, Jeju-si, and 38 square meters, including 32 square meters in land, and 70 square meters in land, which are two lots of land, including 32 square meters in land and 38 square meters in land, as indicated in paragraph (1), the Defendant changed the form and quality of the land to a access garage for Jeju-si, Jeju-si, by using heavy equipment, and then packing for a container without obtaining permission for farmland diversion. In addition, in order to change the form of land through a stop and packing in an urban area, the Defendant obtained permission for development from the Jeju-si Mayor having jurisdiction over the place of the land. However, the Defendant changed the form and quality of the land as indicated in paragraph (1) to a access garage, such as 32 square meters in land and 38 square meters in land in an urban area (natural green area)

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. On-site photographs, orders to restore illegally diverted land to its original state, and thorough public notices of farmland management;

1. A certificate of each land use plan, each land cadastre, a certified copy of cadastral map, and a photograph of illegal acts;

1. Accusation following the change of farmland contamination without permission;

1. Application of Acts and subordinate statutes to inform about the return of all matters to be registered C, written confirmation of plans for utilization of national land, written application for qualification for acquisition of farmland, and written application for qualification for farmland acquisition

1. Relevant provisions of the Farmland Act, Articles 57(2) and 34(1) of the same Act concerning facts constituting an offense (limited to farmland diversion without permission), Article 140 subparag. 1 of the National Land Planning and Utilization Act;