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(영문) 대전지방법원 논산지원 2015.11.13 2015고정121

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an indoor camping site with a mutual fee, i.e., a 1,223 square meters prior to Seosan-si, C Forest land 870 square meters, D forest land 97 square meters, and E forest land 3,997 square meters in total, and a camping site for camping visitors in farmland, a parking lot, and various annexed facilities.

Any person shall obtain permission from the competent administrative agency for development activities, such as changing the form and quality of land, and any person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction

Nevertheless, around March 2014, the Defendant engaged in development activities by putting 25t truck 10 square meters in the above forest and farmland and using excavation equipment in order to build an indoor camping site without obtaining permission from the Mayor of the Ministry of Agriculture, Food and Rural Affairs and the Minister of Agriculture, Food and Rural Affairs, thereby changing the form and quality of the land and diverting 1,142 square meters in the previous 1,223 square meters in farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation prepared by the rice production market and accompanying documents, G, the location map, photographic site, land cadastre, and copy of the real estate register;

1. Application of Acts and subordinate statutes to investigative reports (record telephone statements, such as methods of committing crimes against suspects), investigation reports (review and reporting as to whether an agricultural promotion area is an agriculture promotion area);

1. Subparagraph 1 of Article 140, Article 56 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense, and Articles 57 (2) and 34 (1) of the Farmland Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.