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(영문) 의정부지방법원 2018.11.28 2018고단4506

농지법위반등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree, and shall not construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, or perform an urban or Gun planning project without obtaining permission from the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the head of a Gu, in

1. Defendant A’s sole crime: (a) on February 2016, 2016, the Defendant newly built one warehouse covering one 300 square meters of container (18 square meters) and one warehouse covering the steel frame (300 square meters) without obtaining permission from the Gyeonggi-do Seoul Special Metropolitan City F, which is farmland outside the agriculture promotion area for the interest of the development restriction zone; (b) on February 2, 2016, the Defendant engaged in development activities involving changing the form and quality of aggregate as a warehouse site by using a 660 square meters of aggregate, and simultaneously diverts farmland into a warehouse site; and (c) on February 2017, 2016, the Defendant used farmland outside the agriculture promotion area for the interest of the development restriction zone, which is farmland outside the agricultural promotion area of Nam-si, Gyeonggi-do, which is a farmland outside the agriculture promotion area, and used farmland for the development activities of newly constructing two dong (30 square meters for each 330 square meters) and at the same time using the farmland outside the agricultural promotion area of Gyeonggi-do.

2. Defendant A and Defendant B committed joint crimes is a lessee of a warehouse (330 square meters) and a site (990 square meters) located in G in Nam-gu, Namyang-si, Gyeonggi-do, a farmland outside the development-restricted area, located outside the development-restricted area, and Defendant A concluded a lease contract on November 11, 2016 with the lessor of the said warehouse and site, and conspired with the lessor on November 11, 2016. At the same time, Defendant B performed the development act of piling up parts of the said warehouse and site without permission from around that time to April 20, 2018, and diverted farmland at the same time.

3. Joint crimes committed by Defendants A and C.