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(영문) 대구지방법원 2017.07.20 2016노5113
농지법위반
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All the judgment below is reversed.

Defendant

A, in six months of imprisonment, the defendant corporation B shall be punished by a fine of 3,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. Of the land size 2,559 square meters in F. 1,028 square meters in [1] and (2) part 1,341 square meters in [1] and [1] part of [1,028 square meters in [1] and [1] part (2] 1,341 square meters in [1] at least in 2008, the form and quality of farmland was changed at least in 2008, and the instant indictment was filed on March 17, 2016, and the statute of limitations has expired.

B. The sentence sentenced by the lower court (Defendant A: 8 months of imprisonment, 2 years of suspended sentence, and 4 million won of fine) is too unreasonable.

2. Of the facts charged in the instant case, the determination as to the violation of the Farmland Act with respect to the farmland of 2,559 square meters in racing-si.

A. The summary of this part of the facts charged is that Defendant A serves as the representative director of Defendant B from January 25, 2007 to Sikdong-si.

Anyone who intends to divert farmland in an agricultural promotion area shall obtain permission from the competent authority.

Nevertheless, Defendant A, without obtaining permission from the competent authority on April 2012, 2012, dedicated to farmland created as a parking lot after packing a ice 2,559 square meters in the 2,559 square meters, which falls under the agricultural promotion area under the Farmland Act.

Defendant

B The representative of the Co., Ltd. committed the above-mentioned act in relation to the business of Defendant B.

B. According to the judgment of the court below and the evidence duly examined and adopted by the court below, the part 1,028 square meters in the attached Form (1), (2) part 1,341 square meters (2), among the 2,559 square meters in the F-si-si-si-si-si-si-si-si-si-based-based-based-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-

Therefore, among the facts charged in the instant case, the attached Form No. 1. 2,559 square meters indicated in the annexed Form No. 1.

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