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(영문) 창원지방법원 2014.09.19 2014고정808

농지법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission to divert farmland in the competent market;

On March 201, the Defendant, without permission from the competent Mayor on farmland outside the agricultural promotion area of Kimhae-si, set up 12m wide and 10m vertical length of 10m wide facilities, and diverted the farmland to other areas.

B. Although those who intend to engage in development activities in a planned control area obtain prior permission from the competent market, the Defendant installed buildings under the above paragraph (a) without obtaining permission from the competent market in the date and place under the above paragraph (a).

C. Although a person who intends to construct a building in violation of the Building Act obtains permission from the competent market, the Defendant installed a building in the above paragraph (a) without permission from the competent market in the date and place under the above paragraph (a).

2. Defendant B

(a) Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission to divert farmland in the competent market;

On June 2012, the Defendant, on farmland outside the agricultural promotion area of Kimhae-si, set up one vinyl house with a size of 6m wide and 12m vertical length without permission of the competent market on the farmland outside the farmland promotion area, and diverted the said farmland.

B. Although those who intend to engage in development activities in a planned control area obtain prior permission from the competent market, the Defendant installed buildings under the above paragraph (a) without obtaining permission from the competent market in the date and place under the above paragraph (a).

C. Although a person who intends to construct a building in violation of the Building Act obtains permission from the competent market, the Defendant installed a building in the above paragraph (a) without permission from the competent market in the date and place under the above paragraph (a).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 57 (2) of the Farmland Act concerning facts constituting an offense;