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(영문) 대구지방법원 2016.10.07 2016고정116
농지법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to temporarily use farmland for another purpose shall obtain permission from the competent authority on the condition that farmland is restored to farmland after using it for a specified period.

The Defendant obtained permission from the competent authority to temporarily use farmland for other purposes for the purpose of installing a store for agricultural equipment and materials with respect to farmland located in Daegu Suwon-gu from May 17, 2010 to May 16, 2015, but the period of temporary use was not extended on the grounds that part of a temporary building built by the Defendant for the purpose of storing agricultural equipment and materials was used as a residential facility.

Nevertheless, between May 17, 2015 and October 7, 2015, the Defendant temporarily used the said farmland for the purpose of storing farming machinery, materials, warehouses, residential facilities, etc. without permission from the competent authorities.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made to D by the police;

1. One copy, respectively, of an order for restoration to the original state, two, and three copies;

1. Land cadastre, copy of cadastral map, and land use plan;

1. One copy, such as notification of the temporary use for other purposes on May 2010, and one copy, such as notification of the temporary use for other purposes;

1. The application of statutes governing field control photographs on June 2, 2015, to each of the lots of photographs, and the site control photographs;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 2 of Article 58 and Article 36 (1) of the Farmland Act that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is used in part of the defendant and the warehouse with a strong chair and a book in order to prepare a space to take rest for himself and the deaf. This does not violate the purpose of permission for temporary use, and the disposition of the Daegu head of the Gu which rejected the defendant's application for permission for temporary use is null and void due to apparent and serious defects, and the application for extension is permitted after the restoration is made within a similar company, and the warehouse is also at the time of the application for extension.

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