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(영문) 대구지방법원 경주지원 2016.12.08 2016고정264
농지법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authorities from March 2015 to July 2015, used farmland for purposes other than agricultural production or improvement of farmland, such as cultivating crops or growing perennial plants or growing perennial plants, by installing two containers, and installing them as a house and warehouse, and raising approximately 100 gyms as a steel pole, a plastic house, and a compost, respectively.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to filing an accusation, each investigation report (Attachment of NER guidance, appendix of a certified copy of real estate register, comparison of airlines by year);

1. Relevant provisions concerning criminal facts and Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty;

1. Articles 70 (1) 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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