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(영문) 창원지방법원 밀양지원 2016.10.20 2016고정166

농지법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the head of the related agency;

Nevertheless, the Defendant, without obtaining permission for land B and C, laid down concrete of 100 square meters to illegally construct a housing site, installed light-weight structure and 100 square meters, and installed ethylis 9.5 square meters x3.5 square meters in order to build a housing site.

(b) Any person who intends to construct buildings or install structures in violation of the National Land Planning and Utilization Act shall obtain permission from the head of the related agency;

Nevertheless, the Defendant, without obtaining permission for land B and C, laid down concrete of 100 square meters to illegally construct a housing site, installed light-weight structure and 100 square meters, and installed ethylis 9.5 square meters x3.5 square meters in order to build a housing site.

3. Any person who intends to divert a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the heads of related agencies;

Nevertheless, the Defendant, without obtaining permission for land B and C, laid down concrete of 100 square meters to illegally construct a housing site, installed light-weight structure and 100 square meters, and installed ethylis 9.5 square meters x3.5 square meters in order to build a housing site.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and statement of a public official (D);

1. Application of the Acts and subordinate statutes to the location map and on-site picture photographs, land register, and land use plan;

1. Relevant Articles 57 (2) and 34 (1) of the Farmland Act concerning the facts constituting an offense, Article 140 subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act (a point where an unauthorized structure is installed) of the same Act, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act (a point where an diversion of farmland is made without permission);

1. Each selective fine for punishment (the punishment history of the accused, the area of the exclusive use, the scale of the structure, etc.);

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 of the Criminal Act for the detention of a workhouse.