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(영문) 수원지방법원 2016.06.02 2015고단4566
농지법위반등
Text

1. The criminal defendant shall be punished by imprisonment with prison labor for not less than six months and by imprisonment with prison labor for not less than one year for the crimes set forth in the holding of the court below.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution, and the above judgment was finalized on May 22, 2014 on May 22, 2014.

1. A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture and Forestry, the Minister of Fishery and Food, as prescribed by Presidential Decree, and a person who intends to engage in development activities, such as construction of buildings, construction of structures, etc. shall obtain permission from the head of the competent Si/Gun

Nevertheless, on February 2013, the Defendant did not obtain permission to convert farmland and permission to engage in development activities from the competent administrative authority, but did not use the farmland, with the construction of 1,005 square meters in Sungsung-si, a farmland outside the agricultural promotion area, of 3,473 square meters prior to D, 5,816 square meters prior to E, F 1,329 square meters, G field 1,329 square meters, G field 1,609 square meters, and engaged in development activities at the same time.

"2015 Highest 6328"

2. The Defendant, without obtaining a permission to convert a mountainous district from the competent administrative office, set up a 164 square meters of H forests and 164 square meters of land, 47 square meters of J forests and 103 square meters of land, 3,145 square meters of L forest, M2,17 square meters of land, 761 square meters of N forest and 414 square meters of land, 2,207 square meters of P forest and 807 square meters of land, Q204 square meters of land, 84 square meters of land of R forest and 11,585 square meters of total land of land in S forest and 15 square meters of land, and converted the use of a mountainous district into a mountainous district by constructing a building, such as a sports facility, warehouse, and office.

Therefore, even though the Defendant received an order to restore the mountainous district which was diverted from the Sungsung market on November 28, 2014 to March 30, 2015, the Defendant did not recover the mountainous district within the said period.

Summary of Evidence

[2015 Highest 4566]

1. Statement by the defendant in court;

1. A written accusation for the preparation of a T pages;

1. Land register, certified copy of land register, land use plan confirmation, and cadastral map;

1. On-site photographs;

1. Previouss before ruling: A/Written inquiry, such as criminal history;

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