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(영문) 창원지방법원 밀양지원 2015.02.26 2014고단367

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in the activities in violation of the National Land Planning and Utilization Act and the Farmland Act shall obtain permission for development activities, and obtain permission for farmland diversion in order to divert farmland in an agricultural promotion area, and shall not engage in any land utilization activity that is not directly related to the production of agriculture or the improvement of farmland in an

Nevertheless, on March 2013, the Defendant, without obtaining permission for development and farmland diversion, laid a crypt 2,002 square meters in Syang-si, an agricultural and forest area and an agricultural promotion area, and laid a crypt 2,002 square meters in order to build a cryp cryp, and performed development activities without permission by constructing a shower cryp building and diverting farmland, and conducted land use activities not directly related to agricultural production or farmland improvement in the agricultural promotion area

2. 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 under the National Land Planning and Utilization Act in violation of the Building Act shall report to the

Nevertheless, the Defendant, without filing a construction report on March 2013, constructed a three-dimensional building equivalent to 1 Dong, 4.48 square meters in the Shyang-si D and C, an agricultural and forest area, and a shower room building equivalent to 8 square meters in C.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A joint control report and land cadastre of prosecution's office against Otop camping activities;

1. Ten copies of the screen of the NAV block;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 140, Article 56 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning the facts constituting an offense, Article 57 (1) and Article 34 (1) of the Farmland Act, Article 58 subparagraph 1 and Article 32 (1) of the Farmland Act (the occupation of land without permission), Article 111 subparagraph 1 and Article 14 (1) 2 of the Building Act (the occupation of unregistered construction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Farmland Act regarding option of punishment;