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(영문) 수원지방법원 2013.09.27 2013고단3168

농지법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, the Defendant: (a) around April 2013, on the aggregate of 1,280 square meters prior to the wife population B and 1,082 square meters, and one parcel outside of 1,082 square meters, which was 2,362 square meters of non-dozers and trucks, carried out the luxing of soil; (b) installed containers at a place and used them for the parking lot.

Accordingly, the Defendant diverted farmland outside the agricultural promotion area without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (including a statement attached thereto and each photographic image);

1. Application of investigation reports (verification as to whether land illegally exclusively used is an agriculture promotion area);

1. Relevant provisions concerning criminal facts and Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty;

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

1. It is so decided as per Disposition by taking into account the following: the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order; the attitude of diversion of farmland; the size of farmland diverted (around 700 square meters); the degree of profit acquired by the Defendant (a year’s prosecutor’s statement is given to the Defendant’s prosecutor’s office) (b) the circumstances after the commission of the crime (i.e., the restoration to the original state does not take any separate administrative disposition other than punishment pursuant to the provisions of the Farmland Act; (c) the fact that