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(영문) 수원지방법원 2013.11.13 2013고정2229

농지법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a secondhand shop, and Defendant B is an owner of 1,499 square meters in a warehouse site in Sungsung-si, an agricultural promotion area.

No land use act which is not directly related to agricultural production or farmland improvement in an agricultural promotion zone shall be conducted.

Nevertheless, on November 2012, the Defendants conspired to enter into a lease agreement with the monthly rent of KRW 1.4 million for the above land, and the lease period from January 1, 2013 to five years, and Defendant A entered into a land use agreement for high water business not directly related to agricultural production or farmland improvement in the agricultural promotion area, such as the piling of high water on the above land from around the time to June 12, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes on accusation, lease contract;

1. Relevant provisions of the Farmland Act and Articles 58 subparagraph 1 and 32 (1) of the same Act, and Article 30 of the Criminal Act, which choose the penalty for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;