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(영문) 대구지방법원 2020.08.19 2020고정95

농지법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants are co-owners of the Daegu Dong-gu C 1250 square meters between them.

(Defendant A: 920/1250 shares, Defendant B: 330 shares). A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Forestry and Livestock Affairs, as prescribed by Presidential Decree.

Nevertheless, around April 2018, the Defendants used the farmland to convert the farmland by using the land of 1250 square meters in the Daegu-gu, Daegu-gu, the co-owned farmland of the Defendants outside the agricultural promotion area, as the site for the materials of the construction company operated by Defendant A.

Summary of Evidence

Defendants’ legal statement

1. Full certificate of registered matters, and each letter of order for restoration of farmland;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a sentence, and Article 30 of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the farmland illegally used was restored to its original state after notification of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the amount of fine should be reduced by taking into account the Defendants’ age, etc.