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(영문) 의정부지방법원 고양지원 2017.01.06 2016고정835
농지법위반
Text

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

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

Reasons

Punishment of the crime

No land use act that is not directly related to agricultural production or the improvement of farmland in an agricultural promotion zone shall be conducted.

From October 2015 to March 21, 2016, the Defendant repaired an attached building installed in the area of 3,018 square meters in Seoyang-gu, Seoyang-gu, Busan-si, the Agricultural Promotion Area, as a warehouse, and used them as a logistics warehouse that stores or ships out pet dog products, dog feed, etc. and used them as a goods warehouse that stores or ships out pet dog products, dog feed, etc. and used them for land use that is not directly related to agricultural production or farmland improvement.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a statement of business trip name, accusation against the violator of the Agricultural Villages Act, a general list of building ledgers, and the current status of the owner;

1. Subparagraph 1 of Article 58 of the Farmland Act and Article 32 (1) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion does not fall under farmland, and the defendant was awarded a successful bid by auction, and used the building as a warehouse for the field project without changing its structure or current status, and thus, used the building as a warehouse for the field project, which is irrelevant to agricultural production or farmland improvement.

It can not be seen, and there was no intention to violate farmland law.

2. According to the evidence duly adopted and examined by the court, the warehouse of this case is a building which was used as Kim manufacturing and storage, and the defendant has been awarded a bid in the auction procedure, and the land where the warehouse of this case is located is used as a cement package for the use of the warehouse in the agricultural promotion area, but is used for parking and passing through the vehicle. The surrounding area is used for growing crops as farmland, and even according to the appraisal report submitted in the auction procedure for the warehouse of this case, the warehouse of this case is located within the agricultural and forest area interest promotion area.

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