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(영문) 대전지방법원 논산지원 2014.07.15 2014고단8
농지법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

[2014 J. 8] The Defendant is the representative of the Foundation E, a foundation corporation, which is located in D at the time of debate.

A person who intends to divert farmland shall obtain permission from the competent authority, but from July 201 to July 2013, the Defendant used approximately KRW 318 square meters out of approximately 2,929 square meters of farmland located outside the agriculture promotion area, for the open use of construction materials, such as fume, stone, etc.

[2014 high-level 52] A person who intends to occupy and use public waters obtains permission from the competent authority. However, from March 2001 to November 6, 201, the Defendant occupied and used public waters by using 350 square meters out of 2,043 square meters in Seosan-si, Seosan-si, G, G, 2,043 square meters, 152 square meters in H, H, 562 square meters, J, 942 square meters in J, J, 942 square meters in total, 2,186 square meters in total, 186 square meters in K, and 186 square meters in total.

Summary of Evidence

[Attachment 8] [2014 Height 2013 [No. 5945]

1. Statement by the defendant in court;

1. Each description or image [Attachment 52] [Attachment 52] (No. 2013 Form No. 5944 of the Investigation Record], respectively, of a written accusation, a photographic site, a degree of calculating the area, a written confirmation of land use plan (the Investigation Record No. 22), a certified copy of the land register (the Investigation Record No. 121), a report on investigation (the

1. Statement by the defendant in court;

1. Application of the current status and photographs, and each description or image Acts and subordinate statutes on the basis of calculating the area;

1. Relevant provisions and the choice of punishment for facts constituting an offense: Articles 57 (2) and 34 (1) of the Farmland Act that choose a fine: Subparagraph 2 of Article 62 and Article 8 (1) 11 of the Act on the Management and Reclamation of Public Waters (a point of occupation and use of public waters without permission) of the same Act;

1. The former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of added-up of amounts) of the Criminal Act among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the crime, that the defendant has no criminal record for the same kind of crime, and that in the case of the crime of violating the Farmland Act, the exclusive use area is not wide.

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