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(영문) 의정부지방법원 고양지원 2019.05.10 2019고정72

농지법위반

Text

Defendants shall be punished by a fine of KRW 15 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation that is engaged in Goyang-gu C building in Goyang-si, and restaurant operation business that operates a restaurant with “D” in the first floor.

A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland.

1. Notwithstanding Defendant A, the Defendant, without obtaining the aforementioned permission from April 2018 to October 2018, by means of using farmland of 1,089 square meters out of 2,010 square meters, which is owned by the Republic of Korea (the Ministry of Strategy and Finance: the Ministry of Strategy and Finance), outside the Agricultural Promotion Area, as an attached parking lot of the said restaurant.

2. Defendant B, a representative of the Defendant, committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to accusation (including attached land use plans, full certificates of registered matters, and land cadastre);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 57(2) and 34(1) of the Farmland Act; selection of fines

(b) Defendant B: Article 61 of the Farmland Act, Articles 57(2) and 34(1) of the Farmland Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which Defendant A used as a parking lot prior to the instant crime, for the operation of the “D” restaurant; and the Korea Asset Management Corporation has already received a direction from the Korea Asset Management Corporation to impose and restore the indemnity, and voluntarily order.

Nevertheless, for the operation of the above restaurant, Defendant A has continued to use it as a parking lot without any effort to restore the original state.

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