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(영문) 전주지방법원 2015.04.24 2014고단2366
농지법위반
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

1. Defendant A is a person who operates Co., Ltd. E with concrete and construction materials manufacturing company located in Kim Jong-si D.

The Defendant, from November 2013 to September 2014, without obtaining a farmland diversion permit, stored the company’s construction materials, etc. with gravel 4,078 square meters in Kim Jong-si, a farmland in an agricultural promotion area.

B. On February 28, 2010, the Defendant, without obtaining a farmland diversion permit from around September 201 to around September 2014, placed concrete on the above G field 640 square meters, which is farmland in the agricultural promotion area, and stored the company’s construction materials, etc.

Accordingly, the Defendant diverted farmland in the agricultural promotion area without permission.

2. Defendant B is a person who operates I Co., Ltd., a manufacturing chain, such as concrete brick in H in Kim Jong-si.

The Defendant, without obtaining a farmland diversion permit from March 2014 to September 2014, 201, JJ 905 square meters, K 402 square meters, L 208 square meters, M 31 square meters, N 438 square meters, P 50 square meters, P 859 square meters, Q 33 square meters, R 582 square meters, S 26 square meters, T 438 square meters, and L 574 square meters, total of 12 lots, including 4,826 square meters, and 576 square meters, which are farmland outside the agricultural development area.

Accordingly, the Defendant diverted farmland outside the agricultural promotion area without permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning V;

1. A report on investigation;

1. Application of statutes to field photographs, copies of each business registration certificate, copies of cadastral map, land cadastre, and land use plan confirmation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 57 (1) and 34 (1) of the Farmland Act; and

(b) Defendant B: Articles 57(2) and 34(1) of the Farmland Act;

2. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The sentencing under Article 62(1) of the Criminal Act is based on the suspended sentence.

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