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(영문) 창원지방법원 밀양지원 2017.02.16 2016고단657
농지법위반등
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 2,500,000 won, respectively.

However, the defendant A.

Reasons

Criminal facts

No one shall divert farmland outside an agricultural promotion area or an agricultural promotion area without obtaining permission to divert farmland, and shall change the form and quality of land without obtaining permission for development activities.

1. Changing the form and quality of land without permission on March 2015;

A. On March 2015, Defendant A, without obtaining permission for diversion of farmland and permission for development from the competent authority, performed diversion of farmland and development activities without permission, by raising up 82 square meters of land of 2,040 square meters and land of 350 square meters of 2,949 square meters of farmland in Yyang-si, Yyang-si, an agricultural promotion area, and the farmland for agricultural development.

B. Defendant B, the representative director of the Defendant’s agricultural partnership Defendant B, committed the above violation in relation to the Defendant’s business.

2. On March 15, 2016, Defendant A changed the form and quality of land without permission on the land without permission from the competent authority on March 15, 2016, fill earth and rocks inappropriate for the cultivation, etc. of agricultural crops on the part of 500 square meters of land E in smuggling-si outside the agriculture promotion area, in order to create the site for the tourist agricultural resource experience facilities without obtaining permission on the diversion of farmland and permission on the diversion of farmland and development activities without permission.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to F and G;

1. Each accusation;

1. Photographs photographs of the business registration certificate, or of miscellaneous earth and sand left alone;

1. Application of Acts and subordinate statutes to each investigation report (with respect to visits to the site of H factory site), each investigation report (with respect to all matters registered as a suspect A and submission of a certificate of seal impression), (report attached to a suspect A's judgment,

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A’s unauthorized diversion of farmland: Articles 57(1) and 34(1) of the Farmland Act; Article 57(2) and 34(1) of the same Act; Article 57(2) of the Farmland Act; Article 34(1) of the same Act; each unauthorized diversion of farmland outside the agriculture promotion area for which imprisonment is chosen; and Article 57(2) and 34(1) of the same Act; and each unauthorized diversion of farmland: National land plan.

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