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(영문) 수원지방법원 2020.07.22 2020고단1871
농지법위반등
Text

Defendant shall be punished by a fine of nine million won.

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

Reasons

Punishment of the crime

The Defendant did not obtain permission to divert farmland and permission to engage in development activities from the competent authority on March 2019, and around 10,155 square meters of six lots of farmland, such as Chosung-si B, Sungsung-si, etc., on the ground that 2m or more of 10,155 square meters of land were filled for the purpose of converting the site into a factory site, and at the same time

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Written statements of D;

1. Six copies of the written accusation against farmland tort (owner), the certified copy of the farmland register, and the land use plan;

1. Application of on-site photographs, each on-site photographs, airspace photographs, and the provisions of Acts and subordinate statutes on the paper surface map;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act concerning the facts constituting an offense, and subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (the alteration of the form and quality of land without permission);

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

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances - The area of diversion of farmland without permission and changing the form and quality of land is very wide.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- Although the Defendant received an order to reinstate from the competent authorities, he obtained permission for development of each of the instant land from each of the competent authorities, resulting in the elimination of illegality.

- There is no previous conviction or previous conviction beyond the fine.

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