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(영문) 창원지방법원 밀양지원 2020.01.30 2019고정143
농지법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, from Jun. 28, 2010 to Aug. 18, 2019, the Defendant used farmland for the purpose of the plant site and parking lot on the land of 1,286 square meters in Yyang-si B, Syang-si, farmland outside the agricultural promotion area, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs, after installing one container (5mx 9.8m) and one temporary building (12.9mx 13.6m) without obtaining permission from the Minister of Agriculture, Food and Rural Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of public official;

1. Report on investigation (verification of individual land price) and output of the officially assessed individual land price;

1. Location map and on-site photographs;

1. Notification of requests for restoration of farmland to the original state;

1. Written opinions and accusations;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a sentence, the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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