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(영문) 수원지방법원 2015.04.23 2015고정455
농지법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland, as prescribed by Presidential Decree, and any person who conducts development activities shall obtain permission from the Special Self-Govern

Nevertheless, the Defendant, on June 2010, installed two plastic houses and two containers in 1,321 square meters, which are farmland in the agriculture promotion area, and performed development activities at the same time without permission by using temporary buildings and parking lots, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Land cadastre;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of Article 57 (1), Article 34 (1) of the Farmland Act concerning the facts constituting an offense, and subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and reflects his decision, the restoration of the original state is completed by removing all temporary buildings and parking lots in the judgment, and other circumstances, such as the defendant's age, character and conduct, environment, economic situation, etc. as shown in the argument in this case shall be determined as ordered.

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