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(영문) 수원지방법원 성남지원 2014.03.14 2014고정17
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Farmland Act: (a) from March 20, 208 to September 30, 2013, the Defendant installed one container and one plastic house for warehouse, installed one concrete package, and used farmland for the purpose of the field and on the water surface in Gwangju-si, Gwangju-si, the farmland of which is farmland outside the agriculture promotion area; (b) 55m2, D field 139m2, E field 958m2, E field 958m2, C field 55m2, and D field 139m2; and (c) in the case of E field 958m2, the Defendant did not obtain a permit to divert farmland; and (d) in the case of E field 958m2, the Defendant used farmland for the purpose of the warehouse

2. The Defendant in violation of the National Land Planning and Utilization Act: (a) stored, without obtaining permission for development activities from March 20, 2008 to September 30, 2013, goods, etc. in Gwangju-si E, the management area of which is 958 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. A written investigation of farmland illegality and field photograph;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act (the point of farmland diversion) concerning the facts constituting an offense, subparagraph 1 of Article 140 and Article 56 (1) 5 of the National Land Planning and Utilization Act (the point of development acts);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 of the provisional payment order;

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