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(영문) 대전지방법원 2015.06.17 2014고단3828
농지법위반
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who collects waste, etc. from the farmland in Sejong City with the trade name of “Fwelth”, and Defendant B is a manager of the farmland in question who received annual rent from Defendant A.

1. A person who intends to divert the farmland of Defendant A shall submit an application for permission to divert the farmland to the head of a Si/Gun/autonomous Gu having jurisdiction over the location of the relevant farmland, along with the documents prescribed by Ordinance

Nevertheless, from January 1, 1996 to the present date, the Defendant used approximately 2,843 square meters of G clan E in Sejong-si, a farmland outside the agricultural promotion area (hereinafter “instant land”) for the purpose of using the farmland as the open storage place and warehouse facilities on the water.

2. Defendant B knew that the above farmland was used as an open storage site and warehouse facilities on the water without obtaining permission to divert farmland as stated in the above 1. However, from January 2006, the Defendant aided and abetted the Defendant’s act of violating the Farmland Act by using the above farmland at the rent of KRW 2.5 million per annum from around January 2006 to the present.

Summary of Evidence

1. Defendants’ partial statement

1. Partial statement of the witness A;

1. A plan for measures against farmland tort;

1. Current status photographs;

1. An order for restitution;

1. Report on results of business trips;

1. Investigative report (in the form of a public official who files an accusation, reporting on hearing opinions at H, receipt of field photographs, and questioning as to whether an agricultural promotion area exists);

1. Application of Acts and subordinate statutes to the charge of accusation and supplement the contents of accusation;

1. Defendant A: Articles 57(2) and 34(1)2 of the Farmland Act; Articles 57(2) and 34(1) of the Farmland Act; Article 32(1) of the Criminal Act

1. Selection of punishment: Each fine;

1. Statutory mitigation: Defendant B’s Article 32 (2) and Article 55 (1) 6 of the Criminal Act;

1. Detention in a workhouse: Articles 70 and 69(2) of the Criminal Act of the Defendants;

1. Provisional Payment Order: the Defendants’ Criminal Procedure Act.

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