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(영문) 의정부지방법원 2018.11.15 2018고단3519

농지법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000 (one million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is the owner of two Dong-gu (249.48 square meters per Dong), which is a farmland in the development restriction zone, and two Dong-gu (249.48 square meters per Dong) constructed on the same 1080 square meters and above ground.

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

On July 2017, the Defendant diverted farmland to other areas of farmland in a manner of 581.04 square meters around the surrounding area of the building without obtaining permission from the competent authorities on the above land constituting farmland outside the agricultural promotion area.

Accordingly, the Defendant diverted farmland outside the agricultural promotion area without obtaining permission from the competent authorities.

2. No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or Stockpiling articles in a zone subject to special measures for the designation and management of a zone subject to development restriction, or any zone subject to development restriction in violation of the Act on Special Measures for the Designation and Management of Districts;

A. Around July 2017, the Defendant: (a) extended the area equivalent to 4.0 square meters of a light-weight panel structure to use it as a toilet without obtaining permission from the Namyang market from the building and the land above; and (b) changed the form and quality of the land in the same manner as described in paragraph (1).

Accordingly, the defendant constructed buildings and changed the form and quality of land in the development restriction zone without obtaining permission from the competent authorities.

B. Around March 2018, the Defendant used two buildings, the use of which was approved for the above plant-related facilities (house) for the purpose of storage. Around March 2018, the Defendant used two buildings for the purpose of storage.

Accordingly, the defendant changed the use of a building without obtaining permission from the competent authorities in the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Current status photographs;

1. A land use plan;

1. A land ledger, and a certificate of all registered matters;

1. Application of Acts and subordinate statutes to a building ledger and a certificate of full registration;

1. Criminal facts;