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(영문) 수원지방법원 2014.01.23 2013고정3210
농지법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the actual owner of 192 square meters prior to the wife population C, and D is the owner of 906 square meters prior to E, and F is the person who leased and operates the same farmland from the Defendant and D.

Despite obtaining permission from the competent authorities in order to divert farmland or install structures, the Defendant and D knew of the circumstance that F leases a total of 1,098 square meters of land and land in the natural green area, which is farmland within the natural green area, with no permission from the competent authorities on October 2010, and F leases it to F for the purpose of operating high water, without obtaining permission from the competent authorities. From that time, F used cement on the floor of the said farmland, and installed a temporary building, and operated the second water.

Accordingly, in collusion with Defendant F and D, the said farmland was used as a physical site without permission, and the act of development was performed by installing structures without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on F or D;

1. Statement of the accuser;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Articles 57 (1) and 34 (1) of the Farmland Act, Article 30 of the Criminal Act, subparagraphs 1 and 56 (1) of Article 140 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act concerning the facts constituting an offense, and Article 30 of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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