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(영문) 춘천지방법원 영월지원 2015.08.21 2015고단239

농지법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Anyone who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries, and persons who intend to construct buildings shall obtain permission from the head of the competent Si/Gun/Gu, and persons who intend to engage in development activities, such as construction of buildings or installation of structures, shall obtain permission from the

Nevertheless, around April 201, the Defendant constructed one residential building (area 23.11 square meters) with one residential building (area 23.11 square meters) after having engaged in a stop work without obtaining related permission, and created an area equivalent to 669.89 square meters in a management site, and constructed a building without permission without permission, on a total of 693 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to reply to requests for data related to civil petitions against violating the Farmland Act (current status survey plan, ground plan, comprehensive certificate of real estate, ledger of illegal exclusive-use photographs, statement of business trip, statement of

1. Relevant legal provisions concerning facts constituting an offense, Articles 110 subparagraph 1, 11(1) of the Building Act that prescribes the choice of punishment, Articles 57(1) and 34(1) of the Farmland Act, Articles 140 subparagraph 1 and 56(1) of the National Land Planning and Utilization Act, and the choice of fines;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not have any particular criminal record on the accused, and committed an illegal act for the purpose of preventing the deaf. However, even though one’s act was aware that it was illegal, it is inevitable to punish him/her accordingly.