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(영문) 창원지방법원 2014.08.19 2014고정640

농지법위반

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

B is the owner of the answer (532 square meters) within the Agricultural Promotion Zone in Changwon-si, Changwon-si, and the defendant is the person who leases the above farmland from B and operates the secondhand shop with the trade name "D."

No one shall divert the farmland in an agricultural promotion area without obtaining permission to divert farmland.

The Defendant and B did not obtain permission to divert farmland from the Minister of Agriculture, Food and Rural Affairs, and B knew on March 20, 2009 that the Defendant would use the said farmland as a real business place, and the Defendant leased the said farmland to the Defendant at the above date, and used the said farmland as a real business place operated by himself/herself from around 25th of the same month to February 27, 2014.

Accordingly, the Defendant, in collusion with B, diverted farmland in an agricultural promotion area without obtaining permission on farmland diversion from the Minister of Agriculture, Food and Rural Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to accusation illegal diversion of farmland, the location map of illegal diversion of farmland, field photographs, confirmation of land utilization plan, and copies of real estate lease contracts;

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (1) and 34 (1) of the Farmland Act that choose a sentence, and Article 30 of the Criminal Act;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.