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(영문) 수원지방법원 여주지원 2016.05.04 2015고정298

농지법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture and Forestry, the livestock industry and food industry, after obtaining confirmation from the Farmland Management Committee having jurisdiction over the farmland location, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not obtain permission from the competent authority with respect to 1,727 square meters among 1,904 square meters in Gyeonggi-gun, Gyeonggi-do, which is farmland (hereinafter “instant land”). From October 12, 2013 to November 1, 201 of the same year, the Defendant diverted farmland by allowing D articles D to cut the instant land into ground and fill it into an electric source housing complex.

2. Any person who intends to change the form and quality of land in violation of Acts under the jurisdiction of planning and utilization of national land shall obtain permission for development activities from the competent authority;

Nevertheless, the Defendant did not obtain permission for the development of 1,727 square meters among the 1,904 square meters in Gyeonggi-gun, Gyeonggi-do, which is a planned control area (hereinafter “instant land”). The Defendant changed the form and quality of the land by having D an engineer D, who is Poke, of the instant land from October 12, 2013 to November 1, 201 of the same year, without obtaining permission for the development of 1,727 square meters (hereinafter “instant land”).

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of witness E and D;

1. Statement made by the police of the F;

1. A written permission for development activities;

1. Survey drawings of current status and field photographs;

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

1. Relevant Article 57 (2), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission), Article 140 subparagraph 1, and Article 56 (1) of the National Land Planning and Utilization Act (the point of unauthorized development activities) concerning the facts constituting an offense, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;