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(영문) 수원지방법원 성남지원 2015.12.11 2015고단2152

농지법위반등

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

The Defendant is a person who operates a general restaurant in the name of “E” in the Jeju City D D.

1. Any person who intends to divert farmland shall obtain permission from the competent authorities;

Nevertheless, on March 2015, the Defendant, without obtaining permission from the competent authorities, installed a parking lot of a size of 718 square meters in size, which is located in Gwangju-si, a farmland, and installed a plastic warehouse of a size of 60 square meters and a container warehouse of a size of 18 square meters.

2. Any person who violates the Small River Maintenance Act shall obtain permission from the competent authority from any person who intends to occupy and use flowing water, occupy and use land, construct, rebuild, alter or remove small river appurtenances, construct, rebuild or alter other artificial structures, excavate, fill land or alter the shape of land, excavate or cut land, extract soil, stones, sand, gravel, bamboo, or other small river products in a small river area;

Nevertheless, on May 2015, the Defendant changed the form of land by packing concrete packages of a size of 108 square meters in size for the purpose of using it as an outdoor business place in the future in Gwangju-si, a small river area, without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to each investigation report (report on the current status of and control plans for persons who commit offenses against environmental infringement around H, notification of prior restoration to the original state to the restaurant, reporting on control over persons who commit offenses against environmental infringement around H, notification of subsequent restoration to the restaurant exposed to the original state, and notification of E-cafeteria illegal investigations, etc

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (2) and 34 (1) of the Farmland Act that has been selected for punishment (the occupation of unauthorized farmland), subparagraph 3 of Article 27 and Article 14 (1) of the Small River Maintenance Act, the selection of fines;

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

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