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(영문) 인천지방법원 2021.02.25 2020고단10711

국토의계획및이용에관한법률위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a director of corporation C established for the purpose of soil construction business, etc. who operates the above company, and the defendant A works as a field director of the above company.

Anyone who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, and a person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture

Nevertheless, the Defendants intended to change the form and quality of land and divert farmland by means of building concrete on farmland without obtaining permission from the head of the competent local government and the Minister of Agriculture and Forestry and Food & Livestock Affairs at the site of farmland reclamation construction work for the Jung-gu, Incheon, Jung-gu, the Defendants planned to share the role of directly ordering ready-mixed and cement for concrete building and ordering the Defendant A to build concrete building on the market, and Defendant A planned to share the role of directly building concrete on the site under the direction of Defendant B.

Accordingly, Defendant B did not obtain permission from April 27, 2020 to May 7, 2020 for the diversion of farmland from the Minister for Food, Agriculture and Forestry, and the Minister for Food, Agriculture and Food Industry, installed a wheeled facility on 20 square meters of the land in Jung-gu Incheon Jung-gu, Incheon, and the Defendants did not obtain permission for development activities from the head of the competent local government and permission for the diversion of farmland from the Minister of Agriculture and Forestry on June 2020. The Defendants changed the form and quality of land in total of 1,258 square meters of land in the Jung-gu, Incheon, Jung-gu, Incheon, and 37 square meters of E, and 215 square meters of land in the F field, respectively, and diverted farmland at the same time.

As a result, the Defendants conspired to change the form and quality of land without obtaining permission from the head of the competent local government, and at the same time, diverted farmland to build concrete without obtaining permission from the Minister of Agriculture and Forestry.