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(영문) 부산지방법원 2016.07.21 2016고정1618
농지법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to one year from the Busan District Court to imprisonment with labor for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act, and the said judgment became final and conclusive on May 3, 2016.

The defendant is engaged in agriculture by leasing from C to a person who owns farmland of 2,975 square meters located in Gangseo-gu Busan Metropolitan City.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree, and shall not construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, or implement an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act in a development-restricted zone.

Nevertheless, on June 2015, the Defendant diverted the use of farmland by reserving objects such as rubber marries and lumber for a long time without permission from the Director of the Food and Agriculture Department, among the above farmland, which is a development restriction zone around around around 2015, and stored goods in the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written accusation and a written statement prepared in D;

1. All on-site photographs;

1. The order for restoration from the original state (the first, second, and third vehicles);

1. Land register;

1. A copy of a bankbook paid monthly;

1. Previous convictions: Inquiry into criminal history, reporting of the previous convictions and results, reporting of each judgment, application of statutes on search outputs of the net case;

1. Article 57 (1), Article 34 (1) (a) of the Farmland Act (a point for diversion of farmland), Article 32 subparagraph 1, and Article 12 (1) (a) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) (a) shall be judged simultaneously with a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act as stated in the judgment;

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