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(영문) 광주지방법원 순천지원 2014.05.30 2013고정743
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Farmland Act shall divert farmland without obtaining permission from the Minister of Agriculture, Food and Rural Affairs;

However, from early April 2013 to June 2013, the Defendant diverted the farmland of 255 square meters located in Mineyang-si B without obtaining permission from the Minister of Agriculture, Food and Rural Affairs, and thereafter diverted the said farmland by creating a pond in the said farmland and installing a septic tank and steel structure.

2. No person who violates the National Land Planning and Utilization Act shall change the form and quality of land by raising at least 50 cm high without obtaining permission for development activities from the competent administrative agency;

However, the Defendant, without obtaining permission from the competent administrative agency having jurisdiction over a temporary border as referred to in the preceding paragraph, laid down a total of 255 square meters and 275 square meters of a road located in Gwangju-si B and 20 square meters of a road located in C, and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, E, and F;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning the facts constituting an offense, Article 57 (2) of the Farmland Act, the choice of punishment, and Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (the point of changing the form and quality of land without permission), the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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