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(영문) 광주지방법원 장흥지원 2018.08.09 2018고단73
농지법위반등
Text

Defendant

A A shall be punished by a fine of KRW 10 million, and the defendant limited company B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

The limited company B is a corporation established for the purpose of aggregate Do and retail business in Seo-gu, Seo-gu, Gwangju, and the defendant A is the representative director of the limited company B.

1. Defendant A

A. In violation of the Aggregate Extraction Act (1) on September 7, 2016, the Defendant obtained the permission of aggregate extraction on the condition that, from the number of Heungung-gun, Namung-gun and the number of lots outside 20 square meters (total area of 31,852 square meters), the excavation depth is not more than 4 meters, the shooting distance is not less than 10 meters from farming roads, etc., and the recovery area is not less than 1/3, the recovery work should be conducted concurrently.

A person who has obtained permission to extract aggregate shall extract aggregate in accordance with the details of permission, such as the permitted area for extraction and the period of extraction.

Nevertheless, the Defendant extracted aggregate from the end of December 2016 to August 8, 2017, and did not perform recovery work even though the aggregate extraction area was 90% or more while extracting aggregate at the above place, and the above depth was excavated up to 7 meters, or maintained 5.8 meters from farming roads, etc. differently from the permitted contents.

(2) A person who intends to gather aggregates shall obtain permission from the head of the competent Gun, as prescribed by Presidential Decree.

Nevertheless, on May 2017, the Defendant collected aggregate amounting to 2,178 square meters from 3,329 square meters in the F field of the Republic of Korea, Nam-gun, Chungcheongnam-gun, Seoul, without obtaining permission from the head of Sinung-gun.

(b) A person who intends to temporarily use farmland in violation of Acts for the purpose of extracting soil, rocks, and minerals shall obtain permission from the head of the competent Gun on condition that farmland be restored to farmland after using it for a specific period,

Nevertheless, the Defendant temporarily used farmland for another purpose without obtaining permission for temporary use of farmland for other purposes in the area specified in paragraph (1)(2) at the time and at the place specified in paragraph (1).

(c)

Development activities shall be conducted for the collection of soil and rocks in violation of the National Land Planning and Utilization Act.

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