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(영문) 대전지방법원 공주지원 2021.02.09 2020고정76
농지법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry, after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland.

Nevertheless, without permission from the head of the food department of agriculture, forestry, and livestock industry, the defendant, from July 2019 to the present, remodeled Cheongyang-gun B into and out of a vinyl house, installed concrete on the floor and used it as a housing site in fact.

Summary of Evidence

1. The Defendant’s written accusation, written statement, on-site photograph, cadastral map, and satellite photograph [the Defendant’s assertion that the illegal exclusive use area is less than 50 square meters, but according to each of the above evidence, the Defendant’s assertion is not acceptable, since it is sufficiently recognized that the area used as a housing site is about 100 square meters and the area used as a housing site is less than 10 square meters.]

Application of Statutes

1. Relevant provisions of the Act concerning the facts constituting an offense and Articles 57 (2) and 34 (1) of the Act concerning the selective farmland;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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