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(영문) 의정부지방법원 2015.10.30 2015고단2588

농지법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, on October 10, 2014, the Defendant used farmland of 365 square meters prior to C, 830 square meters prior to D, and 3,600 square meters in total, of 4,795 square meters outside of the agriculture promotion area as a camping ground, namely, “F” without obtaining permission from the Minister of Agriculture and Food Affairs.

Accordingly, the defendant has diverted farmland without obtaining permission from the Minister of Agriculture and Forestry.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written accusation;

1. Notification of an order to illegally divert farmland;

1. Cadastral map and field photograph;

1. Application of statutes governing land cadastre, cadastral map copy, and land use plan confirmation;

1. Relevant legal provisions concerning criminal facts and Articles 57(2) and 34(1) of the Farmland Act (the amount of a fine shall be determined within the limit of 540,811,750 won, which is equivalent to 50% of the land value of three lots used for illegal use (calculated by applying the officially announced value on the basis of the illegally used area of 10 to 18 pages), which is equivalent to 50% of the land value of 4,795 square meters for three lots used for illegal use, in consideration of the fact that all the facts of the crime of this case are recognized and reflected, the fact that there is no record of the same kind of crime and the suspension of execution of execution, and the fact that the business plan for tourist farm development has been approved from both viewing after the fact that there is no record of the crime of this case; and

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;