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(영문) 창원지방법원 마산지원 2020.05.29 2020고정117
농지법위반
Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall divert any farmland outside an agricultural promotion area without obtaining permission to divert farmland.

Nevertheless, around February 25, 2019, the Defendant installed a 44m2 mould not obtain a farmland diversion permit in the Haan-gun B, a farmland outside the agricultural promotion area.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written statement, illegal farmland investigation records, field photographs, relevant photographs, a certificate of land use plan, certificate of construction of temporary buildings, report on the results of confirmation as to whether the farmland ordered to be restored is restored, and orders to reinstate illegal farmland

1. Application of Acts and subordinate statutes to investigation reports (Listening to telephone statements in public officials in charge);

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 57(1) of the Farmland Act on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act provides that “The amount equivalent to 50/100 of the land price according to the publicly assessed individual land price of the pertinent land” shall be the upper limit of the amount of fine.

The officially assessed individual land price in January 2019 is 27,700/m2.

Since the area of the above land is 932 square meters, the upper limit line under the law may be deemed as 12,908,200 won. However, since the violating area in this case is 44 square meters, 609,400 won calculated based on such standard in sentencing shall be deemed as the standard in Japan.

The sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are not restored to the original state, shall be determined as per the order.

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