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(영문) 수원지방법원 2017.08.23 2017고정309
농지법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of farmland.

The Defendants were co-owners of Suwon-si Da-gu 1,155 square meters, and the Defendants conspired to use the said farmland as a parking lot on May 30, 2016 without obtaining permission for diversion of farmland, and diverted the farmland to use the said farmland as a parking lot.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 57 (2) and 34 (1) of the Farmland Act, and Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: (a) the Defendants: (b) the Defendants: (c) the reasons for sentencing under Article 334(1) of the Criminal Procedure Act do not have the same criminal records; (d) the fact that there are circumstances that may be taken into account as much as the developments leading up to the crime; (b) the completion of the present restoration of farmland; and (c) the fact that the farmland in this case is located outside the agriculture promotion area (it was charged with diversion of farmland outside the agriculture promotion area, but the modification of indictment was made as farmland outside the agriculture promotion area); and (d) the amount of the fine determined by the summary order shall be reduced in part by taking account of the fact that the farmland in this case was located outside the agriculture promotion area.

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