beta
(영문) 인천지방법원 부천지원 2018.05.24 2018고정251

농지법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The facts charged were partially revised to the extent that it does not harm the identity of the facts charged, the defendant's right to defense.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry.

Nevertheless, on April 20, 2017, the Defendant leased KRW 10 million a year rent of KRW 4577 square meters in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si. Around that time, the Defendant buried concrete in the said farmland and loaded sand and diverted it to a camping site, and B, despite being aware of the fact, leased the said land to the Defendant.

Accordingly, the defendant, in collusion with B, diverted farmland without obtaining permission from the Minister of Agriculture and Forestry.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written accusation, a written statement of public officials, a written plan for land use, a land ledger, and field photographs;

1. Results of investigation (a confirmation of individual published land price, etc.), application of the Acts and subordinate statutes to individual published land prices;

1. Relevant legal provisions of the Act concerning the crime, Articles 57 (2) and 34 (1) of the Farmland Act, Article 30 of the Criminal Act, and selection of fines for the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are recognized and reflected by the defendant. However, even though the defendant was notified twice from Kimpo-il to Kimpo, the defendant failed to restore the original state despite the considerable period of time has passed, and the farmland diversion area has considerably widened, etc., the punishment as ordered shall be determined as per the order.