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(영문) 울산지방법원 2016.01.27 2015고단1302
농지법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in container leasing business with the trade name called "I stock company at Yangsan-si."

1. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission to divert farmland from the Minister of Agriculture, Forestry and Food;

Nevertheless, on June 4, 2012, the Defendant: (a) dusted on farmland of approximately 3,800 square meters in Yangsan-si, Jinsan-si, the entire area of which is about 5,560 square meters; (b) contained concrete packaging in the roots of marina, and used it as a field yard where containers are stored until June 4, 2015.

Accordingly, the defendant has diverted farmland without obtaining permission to divert farmland.

2. Any person who intends to construct a building in violation of the National Land Planning and Utilization Act, install a structure, change the form and quality of soil, or store goods in a green area for at least one month shall obtain permission for development activities in the competent market;

Nevertheless, the Defendant, at the same time and place as in the preceding paragraph, spreaded the form and quality of land or buried concrete packaging on farmland of approximately 3,800 square meters without obtaining permission for the mass production market, thereby changing the form and quality of land and piling up a container number for at least one month.

As a result, the Defendant changed the form and quality of land without obtaining permission for development activities and stockpiled goods in green areas for at least one month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Six on-site photographs, aerial photographys, and on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 57 (2), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission), Article 140 subparagraph 1, Article 56 (1) 2 (the point of changing the form and quality of land without permission) of the National Land Planning and Utilization Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 5 of the National Land Planning and Utilization Act (the point of piling up goods in the green area) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (the long term of crime);

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