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(영문) 울산지방법원 2013.10.31 2013고정765
농지법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 2009, the Defendant, without obtaining permission to divert farmland, diverted farmland to use approximately KRW 270 square meters by installing a pole 270 square meters in the land of Gyeyang-si, Yangsan-si, the farmland of which is farmland, on the land of 3,025 square meters.

2. The Defendant, without obtaining permission for conversion of a mountainous district and permission for development from June 2010 to July 2012, 201, converted a mountainous district into a mountainous district and engaged in development activities at the same time by performing fluoral and gravel work on a part of approximately 63,074 square meters of forest land and about 39,151 square meters of fluoral, Yangsan-si, a mountainous district, and a 690 square meters of e

3. Around June 2012, the Defendant occupied and used approximately 610 square meters by installing a temporary 39,151 square meters in Yangsan-si, a public waters, on a 39,151 square meters of public waters, and raising up 10 square meters of public waters.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Report on the plan for dealing with the areas of illegal acts, current status and photographs of illegal acts, and current status of illegal acts;

1. Application of Acts and subordinate statutes to investigation reports (written confirmation of land use planning);

1. Article 57(2) and Article 34(1) of the former Farmland Act (amended by Act No. 9717, May 27, 2009); Article 53 Subparag. 1 and Article 14(1) of the Mountainous Districts Management Act; Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act (amended by Act No. 11690, Mar. 23, 2013); Article 62 Subparag. 2 and Article 8(1) of the former Public Waters Management and Reclamation Act (amended by Act No. 11690, Mar. 23, 2013);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Mountainous Districts Management Act and violating the National Land Planning and Utilization Act);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.

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