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(영문) 의정부지방법원 2018.10.17 2018고정1025
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who intends to divert farmland shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. without obtaining permission from the competent authority within a development-restricted zone or in violation of the details of permission, and any person who intends to divert farmland shall obtain permission from the Minister for Food and Agriculture, Agriculture and Food, as prescribed by Presidential Decree.

1. B and the Defendant’s joint crime committed the following acts: (a) one greenhouse (249.6 square meters) and one animal and plant-related facility, which is an animal and plant facility located on the instant land located outside the development-restricted zone, located outside the development-restricted zone interest; (b) and B, as the lessor of the said building, concluded a lease agreement on July 19, 201; (c) in collusion, from August 1, 2017 to February 2, 2018, the Defendant used the farmland to store used home appliances in violation of the details of permission for the South Yangju market from the above land to the storage of used home appliances, and simultaneously diverted the farmland without obtaining permission from the Minister of Food, Agriculture and Forestry, the Livestock Industry, and the Livestock Industry.

2. On October 2017, the Defendant alone committed a single crime with the construction of a container structure (18 square meters) on the instant land located outside the agriculture promotion area, which is farmland outside the interest promotion area for the Seocho-do Development Restriction Zone, without obtaining permission from the Minister of Agriculture, Forestry and Livestock Affairs, and with the diversion of farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made with respect to C and D;

1. Application of the written accusation, report on results of a business trip, investigation report on offenses, examination report on status, photographs, confirmation of land use plan, land register, general building ledger, satellite photographic Acts and subordinate statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restriction on the Selection of Punishment, Article 12 Subparag. 1 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restriction on the Selection of Punishment, Article 30 of the Criminal Act (the point of joint use), Article 57(2) and Article 34(1) of the Farmland Act, Article 30 of the Criminal Act (the point of joint use of farmland) and Article 32 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restriction on Development.

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