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(영문) 수원지방법원 안산지원 2021.01.27 2020고단3017
농지법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert the farmland of 2020 Highest 3017 shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree.

Nevertheless, on November 2016, the Defendant created a site for camping without obtaining permission from the Director of the Ministry of Agriculture and Forestry for the Agriculture and Food Industry, by means of spreading kicks as shown in the annexed crime sight table at the members B and five lots of farmland outside the agricultural development area, Ansan-si, Asan-si, and the farmland outside the agricultural development area.

Accordingly, the Defendant diverted farmland to farmland without permission.

A person who intends to operate a camping ground business, which is the business of a facility for the use of spectators of 2020 Madan 4297, shall register with a competent authority, and no person shall operate a camping ground business without registration.

Nevertheless, from January 16, 2020 to September 4, 2020, the Defendant, without registering with the competent authority in Ansan-si, a member-gu, an Ansan-si, with the facilities and equipment such as the location of content, drinking fountains, toilets, shower rooms, and bagics, with the trade name of "D", and operated a camping ground business to provide customers using the place with a fee of 35,000 to 60,000 won per day.

Summary of Evidence

"200 Highest 3017"

1. Statement by the defendant in court;

1. A survey report on the current status of illegal diversion of farmland;

1. Flight photography and on-site photographs;

1. All certificates of each registered matter (the sequence 6 to 11 of the evidence list);

1. A investigation report (verification of whether an illegal exclusive area is publicly announced) 2020 highest 4297;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation books, site photographs, and outputs from the Internet site;

1. Relevant legal provisions of the Act concerning facts constituting an offense, Articles 57 (2), 34 (1) (unauthorized farmland) of the Farmland Act, Articles 83 (2) and 4 (1) of the Tourism Promotion Act (a point where the operation of a camping site business without registration is operated) of the same Act, and the choice of imprisonment, respectively;

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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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