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(영문) 전주지방법원 2014.07.02 2014고정422

농지법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Anyone who intends to engage in development activities, such as gathering earth and rocks, shall obtain permission from the head of the competent Si/Gun/Gu, and a person who intends to temporarily use farmland for the purpose of extracting earth and rocks, and minerals prescribed by Presidential Decree for farmland shall obtain permission from the head of the competent Si

Nevertheless, on June 2013, the Defendant collected earth and stones of 3,439 square meters from the 17,387 square meters before Kim Jong-si to the average of 2.5 meters from the 3,439 square meters before Kim Jong-si, and the 300 square meters from the 691 square meters from the average of 2.5 meters from the 300 square meters from the 691 square meters of the ditches, respectively.

As a result, the Defendant conducted development activities without obtaining permission from the competent authorities, and used B farmland for other purposes temporarily.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written statement;

1. Accusations and accusationss;

1. On-site business trip reports, illegal development activities and notification pictures, and on-site photographs;

1. Confirmation of land use plan and land cadastre;

1. Application of Acts and subordinate statutes to report on investigation (illegal collection of property information);

1. Subparagraph 2 of Article 58 of the Farmland Act and Article 36 (1) 3 of the same Act concerning facts constituting an offense (a point for the diversion of farmland without permission), subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) of the same Act (a point for the collection of earth and rocks without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;