beta
(영문) 광주지방법원 2018.08.10 2018고단2111

농지법위반등

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When it is intended to divert farmland in an agricultural promotion area, permission from the head of the competent local government shall be obtained, and when it is intended to construct a building on farmland, permission for development shall be obtained from the head

Nevertheless, from August 10, 2016 to August 31, 2016, the Defendant newly constructed a farming house with permission for farmland conversion and development activities with respect to BY 657 square meters, and created a housing site with a size exceeding 114 square meters exceeding 357 square meters, which is the permitted area, as a housing site.

Accordingly, the defendant, who is the head of the local government, was engaged in farmland diversion and development activities at the same time without obtaining permission from the head of the local government.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Site for photograph;

1. A report on the results of business trips;

1. Issuance of a construction permit (new construction);

1. Terms and conditions of consultation on the diversion of farmland following the application for building permission;

1. Conditions of consultation and permission for development activities;

1. Application of each investigation report (verification as to whether an agricultural promotion area is or not, and reporting accompanying design drawings) shall be made;

1. Article 57 (1) and Article 34 (1) 1 of the Farmland Act concerning the facts constituting an offense; Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;