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(영문) 창원지방법원 2020.09.09 2019고단2931

농지법위반등

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around December 29, 2016, the Defendant obtained permission to engage in development activities and to temporarily use farmland for other purposes from the head of the original market under his/her jurisdiction for the purpose of using the area, office, incidental facilities, etc. related to the construction of an apartment building with respect to the size of 291 square meters before the window B of Changwon-si, Changwon-si, and continued to use the said farmland for the same purpose without a separate permission, even though he/she received an order to restore the said farmland to its original state or to temporarily use the said farmland for other purposes on November 30, 2018, following the expiration of the period of permission to temporarily use the farmland for other purposes on or around December 28, 2018 and around February

Accordingly, the defendant violated the order to reinstate the original market under his jurisdiction and used farmland for other purposes without obtaining permission to temporarily use farmland for other purposes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles 58 (3), 36 (1) of the Farmland Act (the use of farmland for other purposes without permission) and Articles 142 and 133 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense;

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

1. Selection of a fine for selective punishment (the area of the farmland in this case has not been written, the restoration to its original state has not been made until now, on the other hand, the defendant repents and reflects the errors and has no record of punishment exceeding the same kind or fine to the defendant, etc.);

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

1. Article 334 of the Criminal Procedure Act;