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(영문) 창원지방법원 2013.09.24 2013고정843
농지법위반
Text

1. Defendant A and B shall be punished by a fine of two million won, and Defendant C shall be punished by a fine of one million won.

2. The defendant.

Reasons

Punishment of the crime

Defendant

A and Defendant B are joint representative directors of C, and Defendant C are corporations established for the purpose of mine business, earth, sand and rock gathering business, etc.

1. The permission of the head of a Si/Gun/autonomous Gu shall be obtained in order to temporarily use the farmland for other purposes than farmland in order to extract soil and stones and minerals prescribed by Presidential Decree;

Accordingly, from August 31, 201 to August 31, 2011, the Defendants obtained permission for temporary use of part of the farmland in the Changwon-si counter E, F, G, H, I, J, and K for other purposes.

However, despite the expiration of the above period on September 1, 201, the Defendants continued to use the said farmland as dredging soil without restoring it to its original state, and without permission for temporary use for other purposes.

2. Defendant C, who is an employee, committed the act of violating the provisions of paragraphs (1) and (2) of this Article.

Summary of Evidence

1. Each police interrogation protocol against the Defendants

1. A written accusation;

1. Written accusation and confirmation of land use plan;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning reinstatement orders;

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

(a) Defendant A and B: Article 58 Subparag. 2 and Article 36(1) of the Farmland Act, Article 30 of the Criminal Act;

(b) Defendant C: Articles 61, 58 subparag. 2, and 36(1) of the Farmland Act

2. Defendant A and B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

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

4. It is so decided as per Disposition on the grounds of the main sentence of Article 186 (1) and Article 187 or more of the Criminal Procedure Act to bear litigation costs;

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