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(영문) 창원지방법원 마산지원 2018.06.22 2018고정125
농지법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of five parcels of farmland outside the agriculture promotion area, such as Haan-gun, C, D, E, and F, and the manager of H owned by G (the Defendant’s living together) who is farmland as above.

1. No one shall divert any farmland outside an agricultural promotion area without permission to divert farmland as a material or camping site;

Nevertheless, from spring on 2012, the Defendant used farmland of 1,177 square meters, such as Haan-gun, Ha, H, and D, as a self-conceptic place.

Accordingly, the defendant diverted farmland without permission to divert farmland.

2. No one shall divert farmland outside an agricultural promotion area without permission to divert farmland, even if he/she has illegally diverted to a parking lot;

Nevertheless, the Defendant used farmland of 410 square meters, such as Hanam-gun, Hanam-gun, and F, as a cargo parking lot from the winter in 2013.

Accordingly, the defendant diverted farmland without permission to divert farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The accusation book, on-site photograph, and land register;

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

1. Article 57 (2) and Article 34 (1) of the Farmland Act, the selection of fines concerning facts constituting an offense;

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

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

1. Consideration of the first offense for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), confessions and reflects, the circumstances of the case, etc.

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