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(영문) 수원지방법원 2015.04.09 2015고정350

농지법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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, as prescribed by Presidential Decree, and any person who conducts development activities shall obtain permission from the Special Self-Govern

Nevertheless, on January 2014, the Defendant, at the same time, engaged in development activities without permission by installing a vinyl house in the area of 220 square meters in the area of 376 square meters, which is farmland in the agriculture promotion area, and using it as a warehouse that keeps building materials, such as bricks, etc., at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. National land utilization planning certificate;

1. Written accusation and details of illegal acts;

1. Application of Acts and subordinate statutes on site violations;

1. Relevant provisions of Article 57 (1), Article 34 (1) of the Farmland Act concerning the facts constituting an offense, and subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act (the point of permitted development acts);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the defendant recognized his mistake and reflects his mistake, completed restoration to the original state, raises two minor children due to negligence, and other circumstances such as the defendant's age, character, conduct, environment, economic situation, etc. as shown in the argument of this case, the punishment shall be determined as ordered by the order.