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(영문) 창원지방법원 2019.06.26 2019고단1028
농지법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from

Nevertheless, on January 2019, the Defendant, without obtaining permission to divert farmland and permission to engage in development activities, filled up a height of about 2 meters with soil that is inappropriate for the cultivation, etc. of crops in excess of the likely level of soil contamination and the content of organic substance in an area of approximately 4,380 square meters located in the Agricultural Promotion Zone, which is farmland in the Agricultural Promotion Zone.

Accordingly, the defendant was engaged in development activities such as converting farmland into farmland and changing the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Application of the notification of land cadastre, cadastral map copy, land use plan confirmation certificate, and land pollution level inspection result;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (a point where the form and quality of land are altered without permission) concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act (a point where farmland is diverted without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial 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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the size of the farmland that the defendant has diverted, the contents of the farmland diversion, the circumstances leading to the instant crime, but corrective measures to replace the Defendant with the soil suitable for the cultivation, etc. of crops have been taken, taking into account the following factors: the Defendant’s age, character and conduct, etc.

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