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(영문) 의정부지방법원 고양지원 2019.02.21 2019고정26

농지법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

The defendant is the owner of land B at the time when the farmland is located in the agricultural promotion area.

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, from May 2018 to October 19, 2018, the Defendant created a residential structure on the ground of 110 square meters of the farmland B in the same Pakistan-si without obtaining permission from the competent authority.

As a result, the Defendant diverted farmland in an agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to timely public officials C and telephone conversations and submitting control photographs), investigation report (verification of a violation of the Farmland Act), investigation site photograph, investigation report (verification of whether there is an ex post facto approval of the other party suspect C of the enemy public official C);

1. Investigation report (the report on confirmation of land value according to the publicly notified individual land price);

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

1. Relevant legal provisions concerning criminal facts, Articles 57 (1) and 34 (1) of the Farmland Act that choose to impose a fine, the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;