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(영문) 의정부지방법원 2018.11.29 2018고단3566

농지법위반등

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree, and shall not construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, or perform an urban or Gun planning project without obtaining permission from the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the head of a Gu, in

1. Defendant A’s sole crime is committed in Namyang-si, Seoul, a farmland outside the agriculture promotion area interest of the development restriction zone.

(a) diverting farmland at the same time by extending the height of two animal and plant facilities (247.8 square meters, each of 247.8 square meters) to 1.5 meters without permission for light on March 2017;

B. On August 2017, two animal and plant facilities (house), one general steel structure warehouse (185.78 square meters) and one animal and plant facility (house), one general steel structure warehouse (369.6 square meters), one lightweight structure toilet (17 square meters), respectively, were constructed in two parts of the center of the said animal and plant facilities (house), and the farmland was diverted at the same time by changing the form and quality of the land by putting a concrete building (693.02 square meters).

2. The Defendants’ joint crime committed by the Defendants is a lessee of two animal and plant facilities (house) and the site thereof (1761m2, respectively) in Namyang-si, a farmland located outside the development-restricted zone, located outside the development-restricted zone, which are farmland. Defendant A conspired to lease on January 26, 2018 with the lessor of the building and the site above, and simultaneously converted the use of the said facility to the storage of household goods, in violation of the details of permission from the above land on March 2018, and simultaneously diverted the use of the said facility to the storage of household goods.

3. The Defendant committed a single crime in Defendant B, on March 2018, extended two Dongs and parts inside the warehouse connected thereto in Namyang-si, Seoul, a farmland outside the interest promotion area for the development-restricted zone, to a dunes (500 square meters) and part of the outside.