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(영문) 청주지방법원 영동지원 2019.06.20 2019고단25
농지법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

B is the actual owner of the area of 1,800 square meters, which is farmland in the agricultural promotion area, and the defendant A is the lessee of the above land.

Anyone who intends to divert farmland in an agricultural promotion area shall obtain permission from the competent authority.

Defendant

B around March 21, 2016, even though Defendant A was aware that the said farmland was used for the purpose of keeping a prefabricated panel, Defendant A leased the said farmland to Defendant A with a deposit of KRW 3 million and KRW 1.2 million, and Defendant A leased the said farmland for the purpose of keeping a prefabricated panel in a temporary border, and until November 23, 2018, the said farmland was used for the purpose of keeping a prefabricated panel by November 23, 2018.

As a result, the Defendants conspired to divert farmland in the agricultural promotion area without permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A certified copy of land use planning confirmation source, land cadastre, and cadastral map;

1. Current status photographs of each status;

1. Application of Acts and subordinate statutes to a copy of land lease contract or a copy of each real estate lease contract;

1. Relevant Articles and 57 (1) and 34 (1) of the Farmland Act and Article 30 of the Criminal Act: Defendants who choose to commit the crime;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing period of Article 334(1) of the Criminal Procedure Act does not include a small area of farmland used exclusively by the Defendants without obtaining the farmland diversion permission.

However, the defendants recognized the crime of this case, and the defendants did not have any record of punishment for the same crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the age, reputation, health status, environment, family relationship, etc. of the Defendants, the punishment as ordered shall be determined.

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