logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.17 2018고정522
농지법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who is a possessor of farmland who rents 3,971 square meters of farmland among 9,834 square meters in lusium D and E (referring to rice), and a person who intends to divert farmland shall obtain permission from the head of the department in charge of agriculture, forestry, and livestock industry, as prescribed by Presidential Decree;

Nevertheless, on January 2017, the Defendant diverted farmland to use approximately 531 square meters of farmland located outside the agriculture promotion area as agricultural experience places without obtaining permission from the competent administrative agency for diversion of farmland, such as constructing dykes and outdoor restings, etc.

2. Violation of the National Land Planning and Utilization Act;

(a) A person who intends to engage in development activities to change the form and quality of land without permission shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor;

Nevertheless, on January 2017, the Defendant changed the form and quality of the land, such as landscaping, to use approximately 531 square meters of the above farmland as agricultural experience places, without permission from the competent administrative authority, and constructed a bark, outdoor resting, etc.

B. The Defendant who failed to comply with the corrective order, as described in the foregoing A., built a ice, etc. without the permission of the competent authority, and ordered the Defendant, who is the actual user of the land used in the violation on September 30, 2017, around May 2, 2017, around October 12, 2017, and around November 27, 2017, to rectify the violation.

Nevertheless, the defendant did not comply with the above corrective order.

Summary of Evidence

1. Partial statement of the defendant (as at the third public trial date);

1. A written statement;

1. Inspection report (to attach data of arrival of an order to reinstate);

1. Notification of aerial photography, on-site photographs, orders for reinstatement, confirmation of land use plan, and application of statutes on the land ledger;

1. Article 57(2) and Article 34(1) of the Farmland Act (the point where farmland is diverted without permission) regarding criminal facts and Article 140 of the National Land Planning and Utilization Act.

arrow