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(영문) 인천지방법원 2014.04.22 2014고단1067
농지법위반등
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A and B fail to pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B and Defendant A are the representative directors of Company C in Seo-gu Incheon, Incheon, and Defendant C is a corporation established for the purpose of construction waste crushing business, aggregate crushing business, etc.

1. A person who intends to engage in development activities for the diversion of farmland by Defendant B and Defendant A shall obtain permission for the diversion of farmland and permission for development activities from the competent authority;

Nevertheless, the Defendants, without obtaining permission for the diversion of farmland from around 2009 to February 2010 from the competent authority, and without obtaining permission for the diversion of farmland and permission for development from the competent authority, left the land of 23,024m2, Seo-gu, Incheon, Seo-gu, Incheon, which is farmland outside the agricultural promotion area, with a view to walking the crops and grass that were being raised on farmland, and made a site by covering at least 50m of construction waste recyclers, and used construction waste recycling soil at that place as a parking lot.

As a result, the Defendants conspired to divert farmland and changed the form and quality of land at the same time.

2. B and A, the representative of the defendant C defendant corporation, used farmland for purposes other than crops cultivation without permission of the competent authority as described in paragraph (1), and changed the form and quality of land at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendant A and B’s legal statement

1. Part of the first interrogation protocol against Defendant A, which was submitted to the prosecution, G

1. Each police statement made to G, H and I;

1. Land use planning sources, determination of urban management plans and publication of topographical drawings, surveys of permission for temporary use of farmland for other purposes, surveys of restoration to original state, cases of requests for proper disposal of soil for recycling, answers to requests for survey services contracts, and replies to requests for reading of valley photographs in 2010;

1. A complaint and a written opinion of each complainant;

1. The application of Acts and subordinate statutes of the investigation report (No. 27,30,33,37)

1. Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act and Article 30 of the Criminal Act on criminal facts.

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