Text
Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
B is the owner of land D, E, and the defendant A is the person who leases and uses the above farmland from the defendant B.
Where goods are stockpiled within a green area, control area or natural environment conservation area for at least one month, permission from the competent authority shall be obtained, and a person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food
Nevertheless, Defendant B leased land D, E,80 square meters to Defendant A, which is located in a green area around April 2009, with the knowledge that Defendant A would have used landscaping materials, etc. for the purpose of piling up the above land, and Defendant B buried landscaping materials, etc. in the above farmland from around that time until August 6, 2013.
As a result, the Defendants conspired to engage in development activities in a green area and diverted farmland at the same time.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement;
1. Location map and on-site photographs;
1. Investigation report (as to the actual owner of farmland):
1. Application of each statute on a written accusation;
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning criminal facts; Articles 57 (2) and 34 (1) of the Farmland Act; Article 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;