beta
(영문) 수원지방법원 2014.04.10 2014고정77

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is operating a kindergarten, and is land owner B of the wife population in Young-si.

1. A person who intends to perform an act prescribed by Presidential Decree, such as changing the form and quality of land under the National Land Planning and Utilization Act, shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun, despite the fact that he/she obtained permission from the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of a Si/Gun, the Defendant, at around April 2013, fill the form and quality of the land without permission by embling the farmland of the area of 3,369 meters of the

2. A person who intends to divert farmland, as prescribed by Presidential Decree, shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland. However, the Defendant, on April 2013, without obtaining permission for diversion of farmland B (3,369 meters) of the wife population B (3,369 meters, and the Defendant, on the said farmland, performed the diversion of farmland by raising a 5,504-meter of soil mixed with earth and sand, such as recycled aggregate, using cream on the said farmland, thereby raising a higher level than the adjacent land.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of control officials;

1. Application of the Acts and subordinate statutes on the written accusation;

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.