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(영문) 수원지방법원 여주지원 2016.12.09 2016고정269

국토의계획및이용에관한법률위반등

Text

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

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

Reasons

Punishment of the crime

A person who intends to construct a building or install a structure shall obtain permission from the competent authority, and a person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in an agricultural and forest area shall file a report with the competent authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and a person who intends to divert the farmland in an agricultural promotion area shall obtain permission from

The Defendant is a person who operates a secondhand shop in the name of “D” by leasing the answer B from the owner C.

1. On November 2012, the Defendant violated the National Land Utilization and Planning Act without obtaining permission from the competent authorities, made the walls on the farmland B in Yangyang-gun, Yangyang-gun, with a chain pipe and a prefabricated board, and constructed a building with a roof of 79.7 square meters at aground.

2. The Defendant violated the Building Act without reporting to the competent authorities, and constructed one building at the same time and place as paragraph 1 in the same manner as that of paragraph 1.

3. The Defendant violated the Farmland Act, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs, used farmland 759 square meters of farmland as a warehouse or a secondhand site in the same place as in paragraph (1) on November 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Copy of the land use plan confirmation source;

1. The actual survey conditions of each Act and subordinate statutes shall also apply;

1. Article 140 subparagraph 1 of Article 140 of the relevant Act and Article 56 (1) 1 of the National Land Planning and Utilization Act (unauthorized point of development activities and selection of fines), Article 111 subparagraph 1 of the Building Act, and Article 14 (1) of the Building Act (unreported point of construction), Articles 57 (1) and 34 (1) of the Farmland Act concerning facts constituting an offense;

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. The Criminal Procedure Act;