beta
(영문) 대구지방법원 영덕지원 2018.09.05 2018고단99

농지법위반등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

[2018 Highest 99]

1. Defendant A

(a) A person who intends to temporarily use farmland for the extraction, etc. of minerals in violation of Acts and subordinate statutes shall obtain permission from the competent administrative agency, and where a person who has obtained permission to temporarily use farmland intends to temporarily use the farmland for any purpose other than that permitted, he/she shall obtain permission for change from

Although the Defendant did not obtain permission for temporary use of farmland, on May 2013, the Defendant temporarily used farmland without obtaining permission for temporary use of farmland for four times in total, as shown in the attached crime list, including the temporary use of the farmland, by creating and using a water pool for storage of water for washing aggregate collected in Gyeongbuk-gun D and E area of 3,198 square meters.

In addition, even though the Defendant obtained a temporary use permit from the competent administrative office for the temporary use of a guest soil site, etc. and did not obtain a change permit for the other purposes, on May 2013, the Defendant installed aggregate scrapers and sorting machine on the F of the Young-gun in Chungcheongnam-do and G area 3,210 square meters in the middle of the 2013, and temporarily used the farmland for purposes other than obtaining a permit for temporary use without a change.

As a result, the defendant temporarily used farmland without obtaining permission for temporary use of farmland or temporarily used farmland for any purpose other than obtaining permission for temporary use without permission for change.

B. The Defendant, in violation of the National Land Planning and Utilization Act, was permitted to engage in development activities with respect to a total of 3,313 square meters, including 381 square meters, G field 2,932 square meters, etc. from the number of Young-gun, Young-gun, Young-gun for the purpose of piling goods in relation to the creation of a guest soil yard and a stone storage site.

Where any matter for which permission for development activities has been granted is modified, permission for change shall be obtained from the competent authority.

Notwithstanding that the Defendant did not obtain permission to change the above development activities in the Young-gun’s number, the Defendant did so at the above place from May 2013 to June 25, 2018.