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(영문) 수원지방법원 여주지원 2017.08.18 2017고단101
농지법위반등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission to divert a mountainous district from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district by determining the purpose thereof, and a person who intends to divert farmland shall obtain permission to divert farmland from the competent authority, and a person who intends to engage in development activities, such as changing the form and quality of land,

Nevertheless, the Defendant, without obtaining any permission from the competent authority on July 2016, 2016, filled up farmland and mountainous districts with a height of 1m-2.4m high from 1m to 57m2.4m high (the total filled-up area is 1,326mm2) on farmland located outside the agricultural promotion area, for the creation of a building site, such as housing, etc., and performed development activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and H;

1. Two-time suspect examination protocol against the accused (including the part concerning the statement of H and I);

1. Statement of the police statement related to G;

1. A certificate of land use plan;

1. Surveying map and crossing map of the current status;

1. Application of statutes on field photographs;

1. Article 57 (2), Article 34 (1) of the Farmland Act (the point of exclusive use of farmland without permission), Article 53 subparagraph 1, Article 14 (1) of the Mountainous Districts Management Act (the point of exclusive use of farmland without permission), Article 140 subparagraph 1, and Article 56 (1) 2 of the National Land Planning and Utilization Act (the point of exclusive use of farmland) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violating the Farmland Act and the crimes of violating the National Land Planning and Utilization Act, between the crimes of violating the Mountainous Districts Act, between the crimes of violating the Mountainous Districts Management Act, and between the crimes of violating the National Land Planning and Utilization Act, and between the crimes of violating the National Land Planning and Utilization Act, and each punishment specified on the crimes of violating the State Land Act and the Mountainous Districts Management Act,

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a crime of violation of the Management of Mountainous Districts with heavy punishment);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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