beta
(영문) 인천지방법원 2018.03.30 2018고정381

농지법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall divert farmland outside an agricultural promotion area without obtaining permission to divert farmland from the Minister of Agriculture and Forestry or obtain permission to divert farmland by fraud or other improper means, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission to convert farmland from the head of the department of agriculture and food industry in spring in 2016, covered approximately 456.6 meters of the root of 913m in the Nam-gu, Incheon Metropolitan City, which is farmland outside the agriculture promotion area, with earth, etc., and diverted it to the use of the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Accusation against the offender of farmland Act;

1. Application of investigative reports (a certified copy of donations, including a certified copy of land register), investigation reports (referring to cases concerning actual suspects violating the Farmland Act);

1. Relevant Article 57 (2) and Article 34 (1) of the Act, the selection of a fine, and the selection of a fine, concerning the facts constituting an offense;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have the history of being punished for the same crime against the defendant for the reason of sentencing of the provisional payment order, and the original restoration measures have been completed, the area of the farmland diverted, the current status of the use of the farmland in this case and the current status of the use of surrounding land, the balance of general punishments in the same and similar cases, and all other sentencing conditions shown in the argument in this case shall be determined as ordered by comprehensively taking into account.