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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1269

농지법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Where any land used or used for a project for diversion of farmland is intended to be used for another purpose after consultation on diversion of farmland, approval from the competent Mayor shall be obtained.

Nevertheless, on September 20, 2017, the Defendant changed the use of land used for the purpose of diversion of farmland without obtaining approval for change of use from the safe market, such as leasing the said building for any other purpose (sper and store, general warehouse), which is not the purpose of diversion of farmland, even though the Defendant registered the use approval and completion of the factory with respect to three Dongs of the building through consultation for diversion of farmland according to an application for approval of the business plan on the use of farmland, outside B and one parcel 8,449 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. A survey report on illegal change of use;

1. Requests for supplementation (health food) following an application for building permission;

1. Supplement following the approval for change of use of farmland (A and two others);

1. Re-Supplementational al. (A and two other persons) following the approval for change of the use of farmland;

1. Return of an application for approval to change the use of farmland (A and two others);

1. A certified copy of each registry;

1. Each land register;

1. The general title section of the building ledger;

1. Each building ledger;

1. Application of each statute on photographs;

1. Subparagraph 3 of Article 58 of the Act and Article 40 (1) of the same Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The provisions on the diversion of farmland under the Act enacted to determine matters necessary for the ownership, use, preservation, etc. of farmland and contribute to the balanced development of the national economy and the preservation of the environment of national land is the core part of the above Act; and the conditions that are favorable to the extent that the area of land, the alteration of use of which has been altered without obtaining approval for alteration of use, is substantial: the confession, reflect, and the fact that there is no history of crime exceeding the fine; or