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(영문) 춘천지방법원 2017.05.17 2016고정553
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of the farmland, as prescribed by Presidential Decree;

Nevertheless, on December 2014, the Defendant constructed a detached house of 57.27 square meters and a warehouse of 18 square meters without obtaining permission from the Director of the Food and Agriculture Department in Hongcheon-gun, Seoul Special Metropolitan City, which is farmland, and used 600 square meters as an access road and a material site.

As a result, the defendant diverted farmland without permission from the Minister of Agriculture and Forestry.

2. Where any person who violates the Building Act constructs a building with a total floor area of less than 200 square meters and less than three floors in an agricultural and forest area under the National Land Planning and Utilization Act, he/she shall report in advance to the Special Self-Governing City Mayor, the Special Self-Governing Province branch, or the head of a Si/Gun/Gu,

Nevertheless, the Defendant constructed a building with a total of 168.79 square meters, including a single house of 57.27 square meters, a warehouse of 18 square meters, a salt farm of 37.74 square meters, a fraternity of 41.28 square meters, and a stable of 14.50 square meters, without reporting in advance to the head of Hongcheon-do Gun at a place indicated in paragraph (1), which is an agricultural and forest area, in the city of the day indicated in paragraph (1).

Accordingly, the defendant constructed a building without reporting in the agricultural and forest area.

3. A person who intends to construct an artificial structure in a small river, etc. shall obtain permission from the managing authority, as prescribed by Ordinance of the Prime Minister.

Nevertheless, the Defendant, at the Hongcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, as stated in paragraph 1, laid the steel on a small river and buried the river and used the land for the Defendant’s access to the housing.

Accordingly, the defendant newly constructed artificial structures in a small river without permission from the managing authority.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E, F and G;

1. Each voluntary statement of E, F, and G, and each business trip of E, E, and G;

1. The photographic ledger, each comprehensive certificate (land) of real estate (5,9).

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