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(영문) 광주지방법원 2016.05.25 2016고정607
농지법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is an owner of the 1135 square meters, C 307 square meters, D 1199 square meters, located outside the agriculture promotion area of Gwangju Northern-gu, Gwangju-gu.

A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Food, Agriculture and Forestry.

Nevertheless, on September 2015, the Defendant: (a) performed 30 cm in 1135 m2, Gwangju Northern-gu B, and C 307 m2 in 307 m2; (b) installed plastic houses and toilets on that day; and (c) used them as restaurants to divert farmland without obtaining permission from the Minister of Agriculture and Forestry.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to E (including field confirmation photographs attached thereto);

1. Article 57(2) of the pertinent Act on criminal facts, Articles 34(1) of the Farmland Act, Article 57(2) of the same Act on the selective farmland, Article 57(2) of the same Act provides that where farmland outside the agriculture promotion area is diverted without permission, the person shall be punished by imprisonment for not more than three years, or by a fine not exceeding an amount equivalent to 50/100 of the value of the relevant land. The person may be punished by a fine not exceeding KRW 55,50,00,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.

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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