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(영문) 대전지방법원 2014.06.11 2013고정2043
농지법위반
Text

1. Defendant A shall be punished by a fine of 4,00,000 won, and Defendant B shall be punished by a fine of 4,000,000 won.

2. The defendants are above.

Reasons

Punishment of the crime

1. 피고인 A 피고인 A은 농업진흥지역 밖의 농지인 대전 동구 D 및 E 답(畓) 약 1000㎡에서 'F'이라는 상호로 고물상을 운영하는 사람이다.

A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the head of the competent Gu delegated by the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, Defendant A, without obtaining permission on diversion of farmland from May 2010 to August 15, 2013, used the farmland as a water storage yard for installing containers and connected bars, etc. on the said farmland and piling up for 30 tons and waste home appliances, etc.

2. Defendant B is a person who actually manages the farmland of the above 1.1.

Defendant

B, even though having knowledge that farmland shall not be diverted to a storage place for solid goods without obtaining permission from the competent authorities, B, with the above A being paid 6.5 million won for five years, leased the said farmland to be used as a storage place for solid goods, thereby facilitating the crime, thereby aiding and abetting the act of violating the Farmland Act of the above A.

Summary of Evidence

Defendant

A

1. The defendant A's partial statement

1. Each legal statement of witness B and G;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. On-site photograph Defendant B

1. Defendant B’s legal statement

1. Legal statement of witness G;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. Application of statutes on site photographs;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act (Selection of Fine): Defendant B: Articles 57 (2) and 34 (1) of the Farmland Act, Article 32 (1) of the Criminal Act, and Article 32 (1) of the Criminal Act;

1. Defendant B who is legally mitigated: Articles 32 (2) and 55 (1) 6 (Accessories) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant A and the defense counsel on the assertion of Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act.

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