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(영문) 인천지방법원 부천지원 2019.10.16 2019고정659
농지법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Anyone who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, from October 2006 to January 10, 2019, the Defendant used containers of approximately 99.17 square meters in size and buildings without obtaining permission from Kimpo-si B and Kimpo-si, a farmland outside the agriculture promotion area, for residential purposes, and an unauthorized building that was formed as a prefabricated panel.

Summary of Evidence

1. Defendant's legal statement;

1. A public official’s statement related to C;

1. A written accusation of the Kimpo market;

1. Investigation report to the prosecution (verification of the date of photographing the scene photographs);

1. Written public notice of disposition of restitution, land utilization plan, written confirmation of disposition of illegal diversion of farmland and requests for restitution;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a sentence, the choice of a fine;

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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