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(영문) 대구지방법원 2013.04.10 2012고정4356
농지법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who owns Cheong-do Cheong-do C or D farmland in the agricultural promotion area.

From March 12, 2012 to August 2012, the Defendant filled up earth and rocks that are inappropriate for the cultivation of crops with a height of 2 m to 3,603m or 3.5m (average 2.5m) under the pretext of planting sublime children on the aggregate of 3,603m or above farmland without obtaining permission for farmland diversion and permission for development.

As a result, the defendant has diverted farmland in an agricultural promotion area without obtaining permission to divert farmland, and has changed its form and quality without obtaining permission to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Each police statement of E and F;

1. A certificate of land use plan;

1. Cadastral map, cadastral map, and cadastral map;

1. Application of the Acts and subordinate statutes on measurement and photographs of the nature of land, the site of photographic land, the aerial photography, or the filling-up height;

1. Relevant Articles 57 (1) and 34 (1) of the Farmland Act concerning criminal facts, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act;

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 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;

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