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(영문) 수원지방법원 성남지원 2015.01.14 2014고정1936

국토의계획및이용에관한법률위반등

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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Anyone who violates the National Land Planning and Utilization Act shall obtain permission for development activities from the competent authority;

Nevertheless, on April 2014, the Defendant changed the form and quality, such as setting up four container offices for the purpose of the Housing Sales Promotion Center, which cover miscellaneous stone, without the permission of the competent authority, in terms of the area B and approximately 300 square meters of the wife population B and C around 300 square meters.

2. Any person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries as prescribed by Presidential Decree;

Nevertheless, the Defendant did not obtain permission to divert farmland, from April 2014 to July 201 of the same year, cut and embling the farmland outside the agricultural promotion area and buried on approximately 300 square meters of the farmland, and installed a housing sale promotion center, which is a building, and diverted the farmland.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written statements of D and E;

1. Application of statutes on site photographs;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;