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(영문) 창원지방법원 밀양지원 2017.05.11 2016고정267
농지법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. In order to divert farmland in an agricultural promotion area in violation of the Farmland Act and the National Land Planning and Utilization Act, permission to divert farmland shall be obtained, and a person who intends to change the form and quality of land shall obtain permission from the head of the local government;

On October 2015, the Defendant changed the form and quality of the land by packaging concrete packaging, etc. for the purpose of constructing a warehouse on the part of 40 square meters and 170 square meters among the farmland B in Gyeyang-si without obtaining a permission for around 10, 2015, and performed development activities without permission.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act and National Land Planning and Utilization Act shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to change the form and quality of land shall obtain

On October 2015, the Defendant, without obtaining permission on around 10, 2015, performed development activities by packaging concrete packaging for the purpose of constructing a warehouse of 100 square meters in the area D mountainous districts in Seoyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E, F and G;

1. Application of field photographs and satellite photographs-related Acts and subordinate statutes;

1. Article 57 (1), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission), Article 53 subparagraph 1, the main sentence of Article 14 (1) of the Mountainous Districts Management Act (the point of exclusive use of an unauthorized mountainous district), Article 140 subparagraph 1, and Article 56 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to have been carried out for restoration work, and there is no record of punishment for the same kind of crime in 1989, as well as a fine of KRW 100,000 as a result of the violation of the Forestry Act.

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