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(영문) 수원지방법원 성남지원 2015.01.13 2014고단2601
농지법위반등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. A person who intends to divert farmland outside an agricultural promotion area for violating the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

Nevertheless, without permission from the competent authorities on July 201, the Defendant diverted the farmland by installing a container in the area of a square of about 4,58 meters in Gwangju-si, which is farmland outside the agriculture promotion area, and by packaging concrete packages.

2. A person who intends to engage in development activities, such as construction of buildings in violation of the National Land Planning and Utilization Act, installation of structures, and alteration to land form and quality, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors

Nevertheless, without permission from the competent authority on July 201, the Defendant installed a container on the land indicated in the preceding paragraph, and installed a concrete package, and built a dog breeding house, and changed the form and quality of the building, land.

Summary of Evidence

1. Defendant's legal statement;

2. A written accusation;

3. Location map and on-site photographs;

4. Application of Acts and subordinate statutes to an investigation report (a written confirmation of land use planning);

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act concerning criminal facts; Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment for any crime of violating the Farmland Act and any crime of violating the National Land Planning and Utilization Act, which is heavier, due to the installation of concrete packaging and containers)

3. Selection of each alternative fine for punishment;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

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

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