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(영문) 광주지방법원 2016.01.06 2015고정1668

농지법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A As the representative of Defendant B Co., Ltd., the purpose of Defendant B Co., Ltd. is to carry out the business of manufacturing raw materials, such as building and furniture, and wholesale and retail business, from the owner D with the consent of land use, which is located in the area of agricultural and forest promotion, the remaining 1,896 square meters (hereinafter “the farmland of this case”).

1. Defendant A obtained permission for temporary diversion of the farmland of this case from Duyang-gun from around 13, 201 to around 09, 2014, to use the farmland of this case as “a simple factory repair work site”. Defendant A used the farmland of this case as a simple factory repair work site without applying for temporary extension from October 10, 2014 to March 4, 2015, which was after the expiration of the period.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent Gun Office.

2. As stated in paragraph 1., the Defendant Company B, as the representative of the Defendant, diverted farmland to other uses without obtaining permission from the competent authority regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation and E;

1. A copy of the notice of acceptance of report on the construction of a temporary building, or a copy of the report on the construction of a temporary building;

1. Consultation on temporary use of farmland for other purposes following an application for reporting on construction of a temporary building;

1. On-site verification of illegal diversion of farmland;

1. Land register;

1. Application of the Acts and subordinate statutes governing investigation reports (Attachment to a criminal suspect B's certified copy, etc. of register) and entire registered matters;

1. Article 58 subparagraph 2 of Article 58 of the Farmland Act and Article 36 paragraph (1) of the same Article (Selection of Penalty) of the same Article (Selection of Penalty): Defendant B corporation: Articles 61, 58 subparagraph 2 of the Farmland Act, and 36 (1) of the same Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above.