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(영문) 의정부지방법원 고양지원 2018.05.10 2017고단3078
농지법위반등
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by imprisonment for four months, Defendant C and D by a fine of three thousand won.

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not materially disadvantage the Defendants’ exercise of their defense rights.

Defendant

A is a person who manages the area of development restriction under the name of mother-friendly E, and the area of 2,324 square meters prior to F located in Gyeyang-gu, Gyeyang-gu, Seoul Metropolitan City, which is farmland outside the agricultural promotion area. G is a person who leased and used the above farmland under the condition that he/she rents KRW 1,510 square meters every month from the Defendant A, and the Defendant B is a person who has leased the said farmland from G on the condition that he/she rents KRW 2,70,000 per month.

Defendant

C. D Of the above rent, each of the above rent amounts to KRW 600,000 per month and KRW 1500,000 per month, and with the permission of Defendant B, a person who carried on the above farmland as well as the secondhand business.

A person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, store articles, etc. in a zone subject to development restriction shall obtain permission from the competent authority, and a person who intends to use farmland outside an agricultural promotion area for purposes other than agricultural production or improvement of farmland shall obtain permission from the competent authority.

Nevertheless, the Defendants conspired in sequentially, as seen above, to operate a secondhand business from November 2, 2015 to October 2017, and installed a container of 45 cubic meters and a modern system of 45 cubic meters from the above farmland without the permission of the competent administrative agency, with one container and a modern system in size from November 2, 2015 to October 2017.

As a result, the Defendants conspired to build structures or store goods on the land within the development-restricted zone without obtaining permission for the purpose of profit-making, and at the same time diverted farmland outside the agriculture promotion zone without obtaining permission for the diversion of farmland.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the public prosecutor concerned (including the whole part of the G);

1. Statement of the police statement related to G;

1. Investigation report (Confirmation of F land development restriction zone), investigation report (Confirmation of F-land container size);

1. Certificates of sale and purchase, notes of performance, and other relevant documents;

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