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(영문) 수원지방법원 여주지원 2016.06.03 2016고정51
농지법위반
Text

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

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

Reasons

Punishment of the crime

On July 21, 2005, the Defendant filed a report on the diversion of farmland with respect to the farmland of 1,400 square meters (hereinafter “the above land”) located in the agriculture promotion area as a farmland warehouse site for agricultural use. On September 12, 2012, the Defendant newly constructed a 1st floor building on the above land (hereinafter “the above building”) with a total floor area of 192 square meters on the above land, and entered it in the building ledger.

On September 11, 2014, the Defendant obtained approval from the Echeon City to change the use of the above building from the Echeon City to the water processing and treatment facilities for agricultural products, and registered the content of the sea wave in the building ledger on December 15, 2014.

1. From December 15, 2014 to April 2015, the Defendant used the above building that was approved to change its use from the above land to agricultural product processing and treatment facilities for the purpose of storage for ginseng wholesale and retail, and used the leased land for another purpose without approval.

2. On May 2015, the Defendant used the above building that obtained approval for change of the purpose of use from the above land to agricultural product processing and treatment facilities as “F.” office in the Defendant’s operation for another purpose without obtaining approval.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. Certification of E (Investigation Records 219 pages);

1. A written accusation;

1. Application for approval or notification of change of use of farmland diversion, or change of use thereof;

1. All on-site photographs;

1. A general building ledger;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to investigation reports (statements made on telephone conversations by witnesses);

1. Relevant Article 58 of the Act and subparagraph 3 of Article 58 of the Act, and Article 40 (1) 3 of the Act, and the selection of fines, respectively, on the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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