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(영문) 대구지방법원 경주지원 2016.12.21 2016고정227

농지법위반등

Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to divert farmland shall obtain permission from the competent authorities, as prescribed by Presidential Decree;

Nevertheless, on June 2015, the Defendant, without obtaining permission from the competent authority, diverted farmland to a site where many and unspecified customers can use the same, on the floor of 1167m2, E 479m2 and F 1802m2m2, which is farmland, the land category of which is farmland, the land category of which is a “finite,” and was converted to farmland.

2. Any person who violates the Tourism Promotion Act shall register himself with the competent authority;

Nevertheless, the Defendant, without registering with the competent authority from February 4, 2016 to June 11, 2016, set up 10 sites where customers can see their contents in the name of “G Camping site” at the places indicated in paragraph (1) from February 4, 2016 to June 1, 2016, and operated a camping site business with a monthly average of 600,000 won by lending it to the unspecified number of customers.

Summary of Evidence

1. Partial statement of the defendant;

1. A H statement;

1. Application of Acts and subordinate statutes to a charge and a person;

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (2), 34 (1) of the Farmland Act (the occupation of diversion of farmland, the choice of fines) which choose to impose punishment, and Articles 83 (2) and 4 (1) of the Tourism Promotion Act (the occupation of management of the camping ground business, the choice of fines);

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act (including the confessions made by the accused alternatively, and the absence of any criminal power);

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;