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(영문) 제주지방법원 2020.05.22 2020고정108
농지법위반
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

The Defendant, from around 2016 to the end of July 2019, is the officially assessed individual land price as of 34,548,600 won (=8,100 square meters x 426 square meters) in Jeju-si, a farmland outside the agricultural promotion area, which is farmland.

In addition, the officially assessed individual land price as of the year 2019 is 34,629,700 (=81,000 x 427 m27 m2).

In this regard, the farmland was diverted by using a container office without obtaining permission from the Minister of Agriculture, Food and Rural Affairs as a site for piling up materials.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police about D's written statement; and

1. Statement of investigation report (including attachment of real estate information) prepared by a prosecutor (including attachment of real estate information);

1. Application of the respective Acts and subordinate statutes to entries or videos (including attached documents) in the submission of data requested by investigators concerning accusation of violators due to unlawful diversion of farmland in the preparation of the E-Eup Chapter, advance notification of orders for restoration to the original state for unauthorized diversion of farmland, each illegal diversion of farmland (no change of form and quality), restoration guidance, and the accusation of violators due to illegal diversion of farmland (no change of form and quality) and

1. Relevant provisions concerning criminal facts and Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty;

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

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of the sentencing sentence under the law】 A fine of 50,000 won or more from 29,589,150 won [Pronouncement 1.5 million won] Inasmuch as the Defendant alleged that a fine of 1.5 million won, which was issued by the summary order, is too excessive, it should be examined. Although the Defendant’s diversion of each of the above farmland is relatively long, or it appears that the Defendant recognized and divided the Defendant’s mistake, the Defendant committed the instant crime by misapprehending the law.

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