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(영문) 인천지방법원 부천지원 2019.07.02 2019고단482
농지법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a substantial operator of B, and B is a corporation established for the purpose of aggregate extraction, screening, and crushing in the third and third floors of Kimpo-si, Kimpo-si.

1. Although Defendant A’s diversion of farmland in an agricultural promotion area without obtaining permission to divert farmland or without obtaining permission to divert farmland by fraudulent or other illegal means, the Defendant, without obtaining permission to divert farmland on February 2, 2018, used aggregate crushing in farmland located in Kimpo-si D, E, F, and G, which is an agricultural promotion area, to divert the farmland without permission.

2. Defendant B, a de facto representative of the Defendant’s company, committed such a violation as above with respect to the Defendant Company A’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of reference witnesses;

1. Investigation report (farmland and telephone communications with H);

1. Application of Acts and subordinate statutes on photograph, aggregate selection, lease contract, cancellation of permission for temporary use of farmland for other purposes, and land use regulation information service;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 57(1) and 34(1) of the Farmland Act; selection of fines

(b) Defendant B: the main sentence of Article 61, Articles 57 (1) and 34 (1) of the Farmland Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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