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(영문) 인천지방법원부천지원 2020.10.29 2020고정603
농지법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one shall engage in any land use activities not directly related to agricultural production or improvement of farmland in an agricultural promotion zone, and any person who intends to divert farmland shall obtain permission from the competent authority, as prescribed by Presidential Decree.

Nevertheless, from October 21, 2017 to March 18, 2020, the Defendant used farmland (land category “responding,” area 1,921 square meters) in Kimpo-si, Kimpo-si, an agricultural promotion zone, as a place for manufacturing glass craft, used one tent and three temporary buildings as a place for manufacturing glass craft, used land use not directly related to agricultural production or farmland improvement, and diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. Application of Acts and subordinate statutes to field photographs, real estate sales contract, land cadastre, and investigation report (any voluntary statement submitted by a public official) of the defendant's legal statement C;

1. Relevant provisions of the Farmland Act, Articles 57 (1), 34 (1) (a) of the same Act concerning facts constituting an offense, subparagraph 2 of Article 58 and Article 32 (1) of the Farmland Act (a point where the farmland is diverted without permission);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70 (1) 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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