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(영문) 의정부지방법원 2017.05.12 2017고단801
농지법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to the joint crime development restriction of Defendant A and Defendant B or in violation of any terms and conditions of permission;

Nevertheless, Defendant B, a development restriction zone, is a person running a company E, which is a lessee of a building of 333 square meters and 166 square meters of a building located on the land in Namyang-si, Namyang-si, which is a development restriction zone. Defendant A conspired with the lessor of the above building to change the purpose of use as a warehouse for storage of clothes for commercial purposes on September 9, 2016.

2. No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. without obtaining permission within a zone where the sole crime development of Defendant A is restricted, or divert farmland outside an agricultural promotion area without obtaining permission therefor;

Nevertheless, on November 2016, the Defendant: (a) extended a warehouse in the steel pipe structure of a size of 40 square meters in the size of 80 square meters on the Nam-si, Nam-si, Seoul Special Metropolitan City, which is farmland outside the interest promotion area for the development restriction zone; (b) extended a steel pipe structure of a size of 80 square meters; (c) extended a warehouse of a consortium structure of a size of 18 square meters in the size of 18 square meters; and (d) converted the form and quality of land into a site by building sites by building concrete of a size of 370 square meters in the size of a size of 370 square meters;

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a charge, a report on business trip results, and an investigation report on offenses;

1. Defendant A of the relevant criminal facts: Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction, Article 30 of the Criminal Act (the point of use for profit).

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