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(영문) 창원지방법원 통영지원 2015.02.12 2015고단16
농지법위반
Text

Defendant

A Imprisonment with prison labor of eight months and fines of twenty thousand won, and Defendant B shall be punished by imprisonment of eight months and fine of ten thousand won, respectively.

Reasons

Punishment of the crime

Defendant

A is the owner of macro-si, E, F, G, H, I, and J, and the defendant B is the building engineer.

Although a person who intends to divert farmland obtained permission from the Minister of Agriculture, Food and Rural Affairs, he/she performed an act of raising and cutting 3,464 square meters of 4,39 square meters of 4,397 square meters of 4,464 square meters of 4,464 square meters of Dao-si, from around April 2014 to early July 2014, the Defendants, as shown in the attached list of crimes, performed an act of cutting and cutting earth, such as Defendant A and K, K, L, M, N,O, P, and Q, with a total of 14 square meters of 22,200 square meters of land, without obtaining permission for diversion of farmland, for the purpose of developing housing sites beyond the scope of agricultural production or improvement of farmland, and embling and cutting the ground by using a porara, etc.

As a result, the Defendants conspired to divert the land outside the agricultural promotion area without obtaining permission to divert the land.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement about R, S, and T;

1. A written accusation;

1. Application of Acts and subordinate statutes to the total number of 14 copies of a certificate of completion of construction report, which is issued for the location map, drawing (location of farmland exclusive use area), drawing, drawing, aerial photography, etc., building (A), certificate of completion of construction report, conditions of report, aerial photography, aerial photography, land use confirmation source, land cadastre, land contract, investigation report, all of registered matters, and registration certificate;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act and Article 30 of the Criminal Act (Concurrent punishment by imprisonment and fine pursuant to Article 57 (3) of the Farmland Act) concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (hereinafter referred to as “Defendants”) (i.g., the fact that the Defendants recognized their mistakes and against them; the Defendants’ discontinuance of tort and restoration to the original state in the future;

1. Article 334 (1) of the Criminal Procedure Act:

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