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(영문) 대구지방법원 경주지원 2016.11.10 2016고단130
농지법위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 4,00,000 won for the defendant corporation B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who has served as the representative director of Defendant B from January 25, 2007 to his racing area.

1. Defendant A

(a) A person who intends to divert farmland in an agricultural promotion area on April 2012 shall obtain permission from the competent authorities;

Nevertheless, on April 2012, the Defendant, without obtaining permission from the competent authority, sealed a container on FY 2,559 square meters, which falls under the agricultural promotion area under the Farmland Act, and converted the farmland into a parking lot.

(b) A person who intends to divert farmland in an agricultural promotion area on or before December 2014 shall obtain permission from the competent authorities.

Nevertheless, the Defendant, without obtaining permission from the competent authority on December 2014, 201, sealed a container on G 2,557 square meters in the area for agriculture promotion under the Farmland Act, and diverted the farmland to be created as a parking lot.

2. Defendant B, a representative of the Defendant, committed an act identical to that described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. The application of Acts and subordinate statutes to the accusation book, farmland illegal diversion book, violation photograph, land register, and each investigation report (Attachment of photographic materials, hearing of accusation public official’s telephone statement, and attachment of relevant materials);

1. Relevant Articles 57 (1) and 34 (1) and 34 (1) of the Farmland Act (Determination of imprisonment with prison labor), Defendant A, a stock company: Articles 61, 57 (1) and 34 (1) of the Farmland Act, respectively;

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

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (with regard to various circumstances, such as the fact that the area of farmland unlawfully diverted is small, but the defendant is pening his mistake in depth, the restoration of illegally diverted farmland has been completed, and the fact that there is no special criminal power);

1. Defendant of the provisional payment order.

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