beta
(영문) 창원지방법원 거창지원 2014.10.08 2014고정52

산지관리법위반등

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

[2014 High 52] Around July 2013, the Defendant set up two horizontal places on the land B of Sejongnam-gun, without filing a report on temporary use of mountainous district conversion, and used 18.5 square meters in forest areas.

[2014 Highly 77] The Defendant is a person who operates a pen with the trade name “D” in Gyeongnam-gun C.

A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland.

Nevertheless, in around 2005, the Defendant diverted farmland to the farmland owned by the Defendant in a planning and management area outside the agricultural promotion area without obtaining permission on diversion of farmland, such as installing a warehouse using containers, such as the attached list of crimes.

Summary of Evidence

[2014 fixed52]

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (verification of whether mountainous districts are located);

1. Defendant's legal statement;

1. E statements;

1. Application of statutes to the location map of illegal diversion of farmland;

1. Subparagraph 2 of Article 55 of the relevant Act on the Management of Mountainous Districts Act, the former part of Article 15-2 (2) (the occupation of temporarily using a mountainous district already reported) and Articles 57 and 34 (1) of the Farmland Act for criminal facts;

1. Selection of each fine;

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

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;