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(영문) 울산지방법원 2020.06.12 2020고정278
농지법위반등
Text

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

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

Reasons

Punishment of the crime

No farmland in an agricultural promotion area shall be diverted without obtaining permission to divert farmland, and no development activities shall be conducted, such as installation of structures, alteration of the form and quality of land, without obtaining permission from the competent authority for development activities.

Nevertheless, the Defendant diverted farmland to the farmland located in Yangsan-si, without obtaining permission from the competent authority, on August 2018, and around 671 square meters, and converted the use of farmland to be dedicated to farmland, such as covering gravels into bean, water growing bean area of about 429 square meters, and putting concrete into the bean area bean area of about 429 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Photographs of location and current status;

1. Application of statutes governing land cadastre and land use plan;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning facts constituting an offense (a point where development activities not permitted are occupied), Articles 57 (1) and 34 (1) of the Farmland Act (a point where farmland is diverted);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

1. Selection of an alternative fine for punishment;

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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