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(영문) 대구지방법원 경주지원 2016.10.27 2016고정224

농지법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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, without obtaining permission from the competent authorities, the Defendant illegally diverted farmland to unspecified customers by installing a sidewalk block, etc. on the floor of the 2,008 square meters of farmland, which is farmland, the land category of which is farmland B 2,00 square meters, on May 2014.

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 8, 2016, set up seven sites where customers can see a c, “C” in the size of approximately KRW 2,008 square meters for camping, and two sites where customers can c, and operated a camping site with an average of KRW 3,50,000 per 1 Karab, and a 120,000 won per 1 Karab, against many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each investigation report (related to the fact that camping site has been operated in unregistered state, violation of the Farmland Act due to illegal diversion of farmland), one aerial photography, one online monitoring report, and one data related to illegal diversion of farmland (one copy, respectively, such as a land ledger);

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose to impose a penalty, Articles 83 (2) and 4 (1) of the Tourism Promotion Act;

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;