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(영문) 대구지방법원 경주지원 2016.11.10 2016고정226

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 authority, the Defendant diverted farmland to use it on the floor of 1,360 square meters in racing-si, the land category of which is farmland and the aggregate of 2,557 square meters in racing-si, and 1,360 square meters in total, 2,557 square meters in racing-si, the farmland of which is farmland, without obtaining permission from the competent authority.

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 30 sites on which customers with “F” from the place specified in paragraph (1) can open 30,000 won, and lent it to the general public on a site to 30,000 won per 30,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to accusation, investigation report (a lease contract and a copy of the business registration certificate and land register);

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;