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(영문) 의정부지방법원 2020.01.10 2019고단2976

농지법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for four months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, store goods, etc. in a development restriction zone for the Defendants’ violation of the Act on Special Measures for Designation and Management of Development Restriction Zones and the Farmland Act, shall obtain permission from the head of a Si/Gun/Gu, who intends to divert farmland, and a person who intends to divert

Nevertheless, Defendant B was a lessor of 1 68 square meters in Nam-si, Namyang-si, a farmland located outside the agriculture promotion area as a development restriction zone and a farmland located outside the agriculture promotion area. Defendant A was a lessee of the said land and a vinyl house, and Defendant A concluded a lease contract around April 1, 2014, and conspired to use the said vinyl house in collusion without permission from the said land from around that time to March 5, 2019, by changing the use of the said vinyl to the waste fiber classification site and the storage warehouse.

2. Defendant A

(a) A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, store goods, etc. in a development restriction zone or a violation of the Farmland Act shall obtain permission from the head of a Si/Gun/Gu who conducts a special zone for development restriction, and a person who intends to divert farmland shall obtain permission from the Minister of Agriculture

Nevertheless, the Defendant, at around May 2017, constructed one Dong (54 square meters) of container structure residential facilities, and one Dong (6 square meters) of a prefabricated-style panel structure boiler (6 square meters) at the same time without obtaining permission in Nam-si, Nam-si, Seoul, which is farmland outside the agriculture promotion area and the development promotion area. (2) around October 2018, the Defendant used farmland as a development restriction zone and the farmland in the Namyang-si F, C, which is farmland outside the agriculture promotion area, without obtaining permission.