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(영문) 수원지방법원 여주지원 2013.08.30 2013고단559
농지법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative director of corporation B, who operates the Cotop camping site.

1. Violation of the Farmland Act;

(a) Where it is intended to use the land used for the purpose of farmland diversion or used for other purposes within five years by filing a report on the diversion of use, the approval of the head of a Si/Gun/autonomous Gu shall be obtained;

Around July 14, 2009, the Defendant filed a report on the diversion of farmland of 700 square meters for the purpose of creating a site for agricultural storage and entry into a farmland with respect to the farmland-based Do Governor D, Gyeonggi-do, and the land category was changed to a warehouse site on January 20, 201.

Nevertheless, on March 2012, the defendant used the above land used as a site for a warehouse for agricultural purposes without the approval of the head of Si/Gun, and used the above land as a site for camping site and the above agricultural warehouse facilities as an auxiliary facility to camping site.

In this respect, the Defendant used the diverted land for another purpose without obtaining approval.

(b) A person who intends to divert farmland without permission to divert shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant, without obtaining permission on November 2012, 201, planted grass and trees on the aggregate of 443 square meters, 3,149 square meters, 2,589 square meters in the field of G, 476 square meters in total, 7,492 square meters in the field of G, and 835 square meters in the field of G, which are farmland outside the agricultural promotion area, and diverted the said farmland to a site for the camping site by installing accommodation facilities, etc.

2. Where a building with a total floor area of less than 20 square meters is less than 200 square meters in a management area, an agricultural and forest area, etc. under the National Land Planning and Utilization Act, and where a building with less than three floors is constructed, a report shall be made in advance to the Governor of a Special Self-Governing Province

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