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(영문) 창원지방법원 진주지원 2015.11.11 2015고정432

농지법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant leased and used a total of 3,192 square meters of two lots, such as the 1,658 square meters in Sacheon-si, which is a production management area, and the 1,534 square meters in D.

In order to use farmland outside such an agricultural promotion area for other purposes, permission to divert farmland shall be obtained, and in order to temporarily use farmland for other purposes, permission from the head of a Si/Gun/Gu should be obtained on condition that farmland is restored to farmland after use for a certain

Nevertheless, the Defendant did not obtain permission from the Sacheon Market, and used approximately KRW 150 - 200 tons of the surface of the excavation in the above place from January 2015 to February 2015 to divert the farmland by making it flat.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning the facts constituting an offense, and the main sentence of Articles 57 (2) and 34 (1) of the Farmland Act (a point where the farmland is diverted without permission), and subparagraph 2 of Article 58 and Article 36 (1) 2 of the Farmland Act (a point where the farmland is diverted without permission);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. As to the Defendant’s assertion under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence of sentence (see, e., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, 2008; 200Da14888, Apr. 2, 2008) that the Defendant did not know that the instant act constitutes a violation of the Farmland Act, and thus, the Defendant did not have any awareness of illegality.

However, Article 16 of the Criminal Code provides that the act of the principal is in accordance with the law.