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(영문) 청주지방법원 제천지원 2016.06.16 2016고정10
농지법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a Blue farm in the name of “D” in Incheon City.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry.

Nevertheless, the defendant did not obtain permission from the competent authority, and from May 28, 2015, the defendant was from around May 28, 2015.

6. Until December 17, 198, farmland was diverted by creating a site for melting and breaking rocks in the area of 440 square meters, E-si, Incheon, an farmland outside the agricultural promotion area.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the prosecution against the F;

1. An investigation report (a land register and a document confirming a land use plan), an investigation report (a response and attachment of relevant data requested for cooperation in an investigation), an investigation report (a appendix of photographs of restoration to the original state and the currency of staff of a military office), an investigation report (a suspect's currency);

1. Reporting on the results of the second business trip under paragraph (E) of the illegal diversion of farmland, and reporting on the results of the business trip under subparagraph (C) of the illegal diversion of farmland;

1. Land ledger (City C and E), individual published land prices;

1. Notification of consultation on farmland diversion following an application for a plan for the completion of development activities (Japan C), confirmation of a land use plan, and a construction report, a request for consultation on farmland diversion, a project plan, a plan for prevention of damage, and an order for restoration to the original state following illegal diversion of farmland (C);

1. Photographs site, D carpet photograph, restoration photograph (the defendant and his/her defense counsel created a site by putting the breaking stone on the land E incheon-si, but the above land is only farmland and cannot be deemed farmland subject to permission of farmland because it loses the phenomenon of farmland, and thus the defendant's act does not constitute a violation of the Farmland Act;

The argument is asserted.

However, according to the above evidence, it can be recognized that the part of the Defendant’s breaking stone was land used as ordinary farming, and according to Article 2(3)1(a) of the Enforcement Decree of the Farmland Act, it constitutes farmland with farming roads, and thus, it constitutes farmland with farming roads. Thus, it is created a site without permission to convert farmland.

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