beta
(영문) 광주지방법원 2020.10.22 2020고정595

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

The Defendant is a person who, around June 2019, leased the area of 1,086 square meters and the area of 1,086 square meters and the area of 918 square meters prior to C.

1. A person who intends to use farmland outside an agricultural promotion area for purposes other than agricultural production or farmland improvement shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

Nevertheless, on June 2019, the Defendant, without obtaining permission, installed a container stuff (3 x 6) on the said land, and diverted farmland by putting off a 700 square meter (700 square meters) package.

2. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission, installed a container stuff, and changed the form and quality of the land by packaging the rocks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A E-document;

1. A written accusation;

1. Land cadastre;

1. Application of each on-site photograph and each aerial photography statute;

1. Relevant provisions of Article 57 (2) of the Farmland Act, the main sentence of Article 34 (1) of the same Act concerning the facts constituting an offense, subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and the main sentence of Article 56 (1) of the same Act (a point of development acts without permission);

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

1. Selection of an alternative fine for punishment;

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

1. It shall be sentenced to a fine more minor than the fine amount specified in the summary order in consideration of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has fulfilled his/her original state