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(영문) 수원지방법원 2013.08.22 2013고정1331
농지법위반등
Text

Defendant

A shall be punished by a fine of KRW 5 million and by a fine of KRW 3 million, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant B, “2013 High 1331”, Defendant B, the owner of the farmland in friendliness C and D, and Defendant A, a person who leased the farmland from Defendant B and operated the foregoing farmland on a daily basis.

Any person shall obtain permission from the competent authorities to divert farmland or install structures.

Nevertheless, Defendant B, without obtaining permission from the competent authority on March 201, with the knowledge of the fact that Defendant A would operate an overday without obtaining permission, was to receive KRW 3 million in one year from Defendant A, and leased the above farmland of KRW 667 square meters in an agricultural promotion area. Defendant A installed five buildings in Mongolia, and operated an overday using 542 square meters in a parking lot as a site.

As a result, the Defendants conspired to divert farmland without permission and install structures.

In order to divert farmland or install structures, "2013, 2287" shall obtain permission from the competent authorities.

Nevertheless, Defendant A leased CF from E, and around April 5, 2013, Defendant A, without obtaining permission from the competent authority, installed a 365 square meters of the said farmland, and operated a church by using it as a parking lot site.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to each accusation (including attached documents), investigation report (Attachment to field photographs);

1. Defendant A of the pertinent legal provision on criminal facts: Articles 57(1) and 34(1) of the Farmland Act; Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act; Article 30 of the Criminal Act: Articles 57(1) and 34(1) of the Farmland Act; Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act; Article 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of an alternative fine for punishment;

1. Defendant A among concurrent crimes: the former part of Article 37 of the Criminal Act.

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