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(영문) 울산지방법원 2016.01.22 2015고정1927
농지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No land use shall be conducted in agricultural promotion districts unless it is directly related to the production of agriculture or the improvement of farmland;

Nevertheless, on March 2014, the Defendant performed land use activities not directly related to agricultural production or farmland improvement, such as using a warehouse for farming households located in Ulsan-gun, Ulsan-si, an agricultural promotion zone, as a warehouse, and installing two containers, and using them as a lodging house.

2. A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture and Forestry, as prescribed by Presidential Decree.

Nevertheless, on May 29, 2015, the Defendant loaded steel structure (Pipe) on the farmland in Ulsan-si, Ulsan-si, an agricultural promotion zone, and used it as a factory site without obtaining permission from the Minister of Agriculture and Forestry.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Improvement of the original state for illegal diversion of each farmland;

1. Land register, land use plan confirmation certificate, and building register;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Act concerning facts constituting an offense, and subparagraph 1 of Article 58 of the Farmland Act, Articles 32 (1), 57 (1), and 34 (1) of the Act concerning selective farmland, and the selection of fines;

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. Articles 70 and 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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