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(영문) 전주지방법원 군산지원 2013.04.18 2012고정811
농지법위반
Text

The Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A is the representative director of Company B located in Gunsan-si D, who exercises overall control over the above company’s business.

In order to temporarily use farmland for the purpose of collecting soil, stones and minerals, permission from the competent administrative agency shall be obtained on condition that farmland is restored to farmland after using it for a certain period.

Nevertheless, the Defendant did not obtain a new permit to extend the period of permission even after the period of temporary use was terminated as of May 31, 201, and installed a 213m2 in Gunsan-si from June 1, 201 to July 2012, 201, 55m2 in 6,104m2 in Gunsan-si, 1,45m2 in 1,455m2 in Ga, 938m2 in Ga, 98m2 in 1,66, 1,54m2 in the previous 98m2 in J, 1,54m2 in J, 835m2 in total, 8,815m2 in L, 7,76m2 in the previous m2,31m2 in H, and continued to use the m2 in order to manage the m2 and existing m36m2 in the m36m2.

Accordingly, the Defendant used farmland for another purpose without obtaining permission for temporary use of farmland for other purposes.

B. Defendant B is a corporation established for the purpose of gathering earth, sand, and rock.

The above A, the representative director of the defendant, used farmland for another purpose without obtaining permission for temporary use of farmland for other purposes in relation to the defendant's business at the time and place in paragraph (1).

2. On May 31, 201, the evidence submitted by the prosecutor alone is sufficient to recognize that Defendant A failed to use the existing facilities without complying with the order to reinstate the competent authorities after the expiration of the period of temporary use permission, and further, there is no evidence to acknowledge that the Defendant continued to use the facilities after the expiration of the period of permission.

3. Conclusion Then, each of the instant cases.

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