농지법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of three million won.
However, the above fine shall be imposed by the defendant A.
1. The summary of the grounds for appeal is that Defendant A did not remove facilities installed on the farmland after obtaining permission for temporary use of the farmland even after the expiration of the permitted period, and thus, the court below found the Defendant not guilty of the facts charged in this case even though the above Defendant used the farmland without obtaining permission. The court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. A summary of the facts charged) Defendant A is the representative director of the Company B located in Gunsan-si, who is in charge of the foregoing company’s business. In order to temporarily use farmland for the purpose of collecting soil and stones and minerals, the Defendant is required to obtain permission from the competent administrative agency on the condition that the farmland is restored to farmland after using it for a certain period. The Defendant did not obtain any new permission for extension even after the period of temporary use permission expires as of May 31, 201, and without obtaining any permission for extension from around June 1, 201 to July 1, 2012, the Defendant is 213 square meters in Gun-si and Si, and 1,339 square meters in 2,31 square meters in G, 55 square meters in 1,45 square meters in 2,31 square meters in Ga, and 938 square meters in 1,66 square meters in 1,66 square meters in Y-si, and 1,584 square meters in 1,5858.
(2) In order to manage stone scrapers and stone production, the Defendant continued to use the existing facilities installed and used without removing them. Accordingly, without obtaining permission for temporary use of farmland for other purposes, the Defendant used farmland for other purposes. (2) Defendant B is a corporation established for the purpose of gathering earth, sand, and rock.
A, the representative director of the defendant, used farmland for another purpose without obtaining permission for temporary use of farmland for other purposes in relation to the defendant's business at the same time and place as paragraph (1).
B. The lower court’s judgment was submitted by the prosecutor.