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(영문) 부산지방법원 동부지원 2016.01.18 2015고정1368

농지법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The previous 2,132 square meters and the previous 1,194 square meters of farmland (hereinafter “instant land”) in violation of the Farmland Act are designated as an agricultural protection area, and land use activities not directly related to agricultural production or farmland improvement shall not be conducted in an agricultural protection area.

On June 11, 2012, the Defendant leased the instant land from the owner’s side, and C was installed with a light capacity attached facilities (92 square meters), a wooden cafeteria restaurant restaurant facility (42 square meters), a wooden cafeteria restaurant facility (8.28 square meters), and a wooden cafeteria restaurant facility (8.28 square meters). Among them, a 792.6 square meters of the 792 square meters of land was dried.

From that time until April 2014, the Defendant operated a general restaurant in D using the above facilities, etc. in the instant land.

On May 2014, the Defendant: (a) created a camping site by installing a wood cream, etc. in the early policeman B; (b) installed a wood cream on an existing restaurant entertainment facility (42m2m2); (c) newly installed a restaurant resting facility (7.87m2) and operated a camping site with D from that time to November 2014, by installing a wood cream on the existing restaurant entertainment facility (42m2); and (d) newly installed a restaurant resting facility (7m2) installed the restaurant resting facility (7m2).

As a result, the defendant committed land use activities not directly related to agricultural production or farmland improvement in agricultural protection zones.

2. An act of illegally occupying or using agricultural production infrastructure without any justifiable ground prescribed by Presidential Decree, such as where it is necessary to take emergency measures for the prevention of damage caused by a natural disaster or for human life rescue, etc., in cases of a facility producing agricultural products by side management of agricultural products, livestock industry, and livestock industry, which is 10,704 square meters of a ditch in Busan-gun, Busan-gun, Busan-gun, Busan-gun

Nevertheless, on May 2014, the Defendant installed a rail rail of 221 square meters in a wooden-ro, a wooden-ro, from that time to Nov. 2, 2014, on the said ditch, and used it for the business of F. The company that lent camping equipment, from that time to the Haman, to November 2014.

The defendant is therefore justified.