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(영문) 대구지방법원 2017.01.06 2016고단5753
농지법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry.

The Defendant is an owner of 2,076 square meters of Gyeongdong-gun B, Gyeongdong-gun, a farmland in an agricultural promotion area, without obtaining permission from the competent authority, and the same year from the end of May 2016.

7. On 25. Around the same day, an indoor fishing place was constructed with construction work, such as digging the ground by using a refaculator in the above farmland and packing cement.

The Defendant used farmland to divert the farmland in the agricultural promotion area without obtaining the above permission for diversion of farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of illegal farmland management cards, land use planning confirmation sources, land registers, cadastral maps, relevant official documents, investigation reports (Attachment to photographs), photographs, accusations, certified copies of Acts and subordinate statutes of the registry;

1. Articles 57 (1) and 34 (1) of the Farmland Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (including the fact that the accused is repenting of errors, the fact that the accused has not been punished for the same kind of crime, and has no record of punishment heavier than the fine, and the fact that the land in this case has been restored to its original state, etc

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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