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(영문) 창원지방법원 2013.08.13 2012고단3609
농지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of farmland in the window C of Changwon-si, a farmland outside the agricultural promotion area.

A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Presidential Decree.

Nevertheless, around July 2012, the Defendant: (a) was placed in the indictment of 83 square meters in the window C, Changwon-si, Changwon-si, the Defendant owned by the Defendant; (b) however, the Defendant recognized the “83 square meters of land, which is specified as being exclusively used by each of the following evidence.” While filling earth and rocks that are not suitable for the cultivation of crops by mixing B concrete, steel bars, etc. at a higher level than nearby land, the Defendant did not obtain permission therefor from the Minister for Food, Agriculture, Forestry and Fisheries.

As a result, the Defendant diverted farmland outside the agricultural promotion area without obtaining permission to divert farmland.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements of a public official in charge of the Gu office), a criminal investigation report (to hearF statements), a criminal investigation report (to answer an inquiry of the official in the counter office), and a criminal investigation

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. On July 2012, the Defendant asserted that the farmland in this case was made in a state suitable for farming by embling down the farmland in this case as it was difficult for the Defendant to grow up with 83 square meters among 4251 square meters in the window C, Chang-si, Changwon-si, the Defendant owned by the Defendant (hereinafter “the farmland in this case”). At present, the Defendant used the farmland in this case as farmland in depth, trees, stuffs, etc.

Therefore, banking of the farmland of this case constitutes “improvement of farmland” rather than “dition of farmland” under the Farmland Act.

2. Determination

A. The main sentence of Article 2 subparag. 7 of the Farmland Act is “diverting farmland”.

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