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(영문) 수원지방법원 안산지원 2014.12.18 2014고정736
농지법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On August 24, 2010, the Defendant agreed that B and C shall lease the farmland in the agriculture promotion area, and B shall lease the area D (former land category: 2,885 square meters) to the Defendant, who is farmland in the agriculture promotion area, and the Defendant shall install the facilities so that the Defendant may have the right to demand the transfer of the property on the farmland of 330 square meters among them, and the Defendant shall divide the profits accrued from the operation of the right to demand the transfer from the installed facilities, into B and half.

B Around October 2010, without obtaining permission from the competent authority, the land was converted to land by installing a Systro group floor, walls, and the electric facilities installed in a Systro group in a lux greenhouse in the farmland in question, and the land was converted to farmland. From October 2010 to December 26, 2013, the Defendant, when operating the B of the contract, paid monthly profits as agreed with B, such as transfer of 470,000 won from December 26, 2013 to the new bank account in the above E’s name.

Accordingly, in collusion with B, the Defendant diverted farmland in an agricultural promotion area without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A written accusation, a written statement in charge, a field photograph, land cadastre, and an additional statement;

1. Application of statutes on contracts;

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (1) and 34 (1) of the Farmland Act that choose a sentence, and Article 30 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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