logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2016.11.18 2016고정305
소금산업진흥법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who produces sun-dried salt at a salt farm located in Jeonnam-gun C, and the owner of farmland in D and E.

Any person who intends to engage in the business of producing or manufacturing sun-dried salt or other salt prescribed by Presidential Decree in a salt farm shall obtain permission therefor from the competent Mayor/Do Governor.

Nevertheless, on April 2006, the Defendant produced sun-dried salt from approximately 1,049 square meters in Newan-gun D (areaed to approximately 2,479 square meters), a farmland developed with salt farms without obtaining permission for salt manufacturing business, etc., and from July 201, the Defendant produced approximately 1,291 square meters in size, among E (areaed to approximately 5,497 square meters), a farmland developed with salt farms, which is a farmland developed with salt farms, by July 25, 201, without obtaining permission for salt manufacturing business, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A report on internal investigation (verification of the current status of permission for manufacturing sun-dried salt of a suspected suspect);

1. Application of three Acts and subordinate statutes to the salt farm register and four airlines, eight on-site verification photographs, eight copies of permission (area) for salt farm, photographs of the information system of aeronautical image spaces, and copies of permission for salt manufacturing;

1. Article 63 subparagraph 1 of the Salt Industry Promotion Act and Article 23 (1) 2 of the same Act as to facts constituting a crime and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defendant's defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act

1. The Defendant: (a) produced sun-dried salt upon obtaining permission; (b) even if a part of the salt farm was classified as a answer, the Defendant was merely engaged in taking over and operating the already developed salt farm; and (c) was unaware of such circumstances at the time of acquisition; and (d) did not have any awareness of intention or illegality of producing sun-dried salt in an unauthorized salt farm

2. Determination

(a) sun-dried salt or other salt in a salt farm pursuant to Article 23(1)2 of the Salt Industry Promotion Act;

arrow