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(영문) 창원지방법원 마산지원 2012.09.12 2012고단303
농지법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant did not obtain permission to divert farmland from the competent authority from October 201 to March 2012, 201, and diverted farmland to 1m higher than that of the land in G and H by raising 2,635m2, F field E-gun, Haan-gun, Haan-gun, the Defendant owned in the agricultural promotion area, into the farmland.

Summary of Evidence

Although the Defendant denied the facts charged in the instant case, the following evidence:

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement of the police statement to J;

1. Each report on investigation;

1. Farmland reinstatement promotion district, land use plan confirmation certificate and land cadastre;

1. Photographs;

1. According to the results of the instant on-site inspection, all of the proof is found guilty.

Application of Statutes

The punishment for the above crime shall be determined by applying the following Acts and subordinate statutes:

1. Article 57 (1) and Article 34 (1) of the Farmland Act applicable to the facts constituting an offense;

1. Within the scope of selective fine (within the scope of not exceeding 114,318,70 won [2,635§³ x 36,100 square meters x 774 square meters x 24,800 square meters x 24,800 square meters (individually published land): The amount of fine shall be determined in consideration of the fact that the defendant has no record of being punished as a serious crime, while denying his/her crime, he/she stated to the effect that he/she does not comply with the continuous request of recovery by an administrative agency as well as that he/she does not continue to recover in the future in this court;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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