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(영문) 의정부지방법원 고양지원 2019.07.05 2019고정141

농지법위반

Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the owner of 1,831 square meters in Gyeyang-gu, Soyang-gu, Soyang-gu, C, and Defendant B is the owner of D 845 square meters in adjoining land, and the Defendants are the mother.

No one shall divert farmland in an agricultural promotion area without obtaining permission to divert farmland, and no one shall engage in any land use activities not directly related to agricultural production or improvement of farmland in an agricultural promotion area.

Nevertheless, the Defendants conspired with each other,

1. In May 2015, from around 2017 to around 2017, the farmland was diverted by installing 1,831 square meters in Yangyang-gu, Seoyang-gu, Yangyang-gu, Seoul, a farmland in an agricultural promotion area, and planting ornamental trees, and at the same time, the farmland was diverted by leasing one of the above spawns to another and not directly related to agricultural production or farmland improvement.

2. Around 2018, at the same time, diversion of farmland by means of installing a spawn 2-dong in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 845 square meters, which is farmland in an agricultural promotion area, and planting ornamental trees, and leased one of the above spawn to others, and used the remaining one for the purpose of preserving residential or goods, and used the same for the purpose of preserving farmland and not directly related to agricultural production or farmland improvement;

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Land use plan confirmation, entire certificate of registration, and land cadastre;

1. Application of statutes on site photographs;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 57 (1) and 34 (1) of the Farmland Act (a point of farmland diversion) and Articles 58 subparagraph 1 and 32 (1) of the Farmland Act (a point of violation of restrictions on acts in a specific purpose district);

1. Commercial concurrent defendants: Articles 40 and 50 of each Criminal Act (Punishment on the crime of violating the Farmland Act between each land and the punishment on the crime of violating the Farmland Act due to each farmland diversion, of which punishment is heavier);

1. Punishment;