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(영문) 수원지방법원 성남지원 2012.11.28 2012고단1843
농지법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert farmland in an agricultural promotion area shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries, and a person who intends to change the form and quality of land shall obtain permission from

Nevertheless, the Defendant, without obtaining such permission from Jun. 2012 to Oct. 9, 2012, used the farmland in the agriculture promotion area using the above land as the office office and construction materials and changed the form and quality of the land at the same time by installing a container stuff on the above land and piling 677m2 in the manner of piling up the construction materials.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Location map and on-site photographs;

1. Each certificate of land use plan;

1. Application of Acts and subordinate statutes of each investigation report (No. 9, 11 of the evidence list);

1. Relevant Articles 57 (1) and 34 (1) of the Farmland Act concerning criminal facts, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the scale of the crime, the details and motive of the crime, the restoration to the original state, and the fact that there is no record of punishment);

1. Social service order under Article 62-2 of the Criminal Act;

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