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(영문) 전주지방법원 2017.05.11 2017고단300

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in development activities shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun, and any person who intends to divert farmland shall obtain permission from the Minister of Agriculture

Nevertheless, the Defendant, from June 2016 to October 2016, 2016, engaged in development activities in the area of 2,575 square meters in two lots, such as Yansan-gu C and D, Jeonju-si, and at the same time converted into the said farmland without obtaining permission from the chief of the Jeonju market and the Food and Agriculture Food, Agriculture and Forestry Department.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. A criminal investigation report (Attachment of satellite photographs), a criminal investigation report (the details of telephone conversations with the former landowner), a criminal investigation report (C on-site related), and a criminal investigation report (C whether or not farmland is farmland);

1. Application of Acts and subordinate statutes to film materials, location map, field photographs, forest register, and land register register of the national land;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, Article 56 (1) (unauthorized development acts) of the same Act concerning the facts constituting an offense, and Articles 57 (2) and 34 (1) of the Farmland Act (a point for diversion of farmland without permission);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Land Planning and Utilization Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as follows) of the suspended sentence is that the Defendant, without permission from the competent authority, engaged in development activities and diverted farmland to other areas without permission, and that the content of the crime is minor on the grounds that the area reaches 2,575 square meters.

It cannot be seen, and the Defendant’s act of exclusively using farmland of 2,023 square meters in Jeonju-si, Jeonju-si, which is one’s own possession without the permission of the competent authority, was determined by this court after receiving a summary order of KRW 3 million (200,000,000) by this court due to the violation of the Farmland Act, etc. (2016, about 850,00).

However, the defendant recognizes the facts constituting the crime of this case.