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(영문) 수원지방법원 2019.09.20 2019고정837
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

The Defendant is a person who operates a secondhand shop with the trade name “C” in Osan-si B.

No one shall divert farmland without obtaining permission from the Minister of Agriculture, Food and Rural Affairs, and construct or install resources circulation-related facilities in Class I general residential areas.

Nevertheless, the Defendant, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs from June 2014 to February 2, 2017, was a farmland outside the agricultural promotion area and installed a facility related to recycling of resources and diverted by operating a facility related to recycling of resources with the trade name of “C”, by operating a container on approximately 60 square meters among approximately 598 square meters in 1,486 square meters in Osan-si, a Class-I general residential area, and approximately 70 square meters in 1,486 square meters in Osan-si, Osan-si, 227.9 square meters in Osan-si, Osan-si, E. 22

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 57 (2) or 34 (1) of the Farmland Act applicable to the facts constituting an offense, Article 141 subparagraph 4 of the National Land Planning and Utilization Act, and Article 76 of the same 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 (1) 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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