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(영문) 대구지방법원 경주지원 2016.09.28 2016고단181
농지법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a manufacturing company of tin products with the trade name “C” in the racing-si.

1. Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of the farmland, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not obtain permission to convert farmland from May 2015 to March 2016, and used the farmland for purposes other than agricultural production or improvement, such as cultivating crops or cultivating perennial plants, by piling stone and large-scale stone to the aggregate of 1,820 square meters of farmland area D and E, which is an agriculture promotion area.

As a result, the defendant has diverted farmland in an agricultural promotion area without obtaining permission to divert farmland.

2. Any person who intends to store goods in a green area for at least one month shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, a branch office, or the head of a Si/Gun.

Nevertheless, the Defendant did not obtain permission from the competent authorities, and laid down stone and large stone used in the above C in total of 785 square meters from May 2015 to March 2016, 201.

Accordingly, the defendant did not obtain permission from the competent authorities, and he stored goods in a green area for at least one month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to accusation books, each notification, field photography, land register, each land use plan, and building permit;

1. Relevant Article 57 (1), Article 34 (1) of the Farmland Act (the diversion of farmland, the selection of imprisonment, and the selection of punishment), Article 140 subparagraph 1, and Article 56 (1) of the National Land Planning and Utilization Act (the occupation of goods storage, the selection of imprisonment, and the selection of punishment) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the defendant shall be the same);

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