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(영문) 창원지방법원 2016.03.25 2015고단2569

농지법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, who is engaged in the scrap metal business from January 2013, occupied and used the 1,718 square meters of 1,718 square meters prior to Kimhae-si, which is owned by the Republic of Korea, in order to construct buildings for the piling up of scrap iron and work on the said farmland, which is the area where factory establishment is restricted.

1. Around January 2014, the Defendant violated the Farmland Act, without obtaining permission from the competent authority to convert farmland from the area of 1,718 square meters, which is farmland outside the agricultural promotion area, the said farmland was packed into concrete.

2. The Defendant violated the Building Act, at the time and place indicated in the preceding paragraph, constructed one building with a floor area of 540 square meters or more without obtaining permission from the competent authorities.

3. Violation of the National Land Planning and Utilization Act;

A. The Defendant changed the form and quality of land as described in paragraph 1 without obtaining permission from the competent authorities at the time and place specified in paragraph 1, and constructed a building as described in paragraph 2.

B. On June 22, 2015, the Defendant did not comply with an order to reinstate the building from the Kimhae market to July 22, 2015, even though he/she was ordered to remove the building and restore the building to farmland, and did not comply with such order, even though he/she was issued an order to reinstate the building from the Kimhae market around July 23, 2015 to August 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A supplementary statement of public officials (D);

1. An order to reinstate illegal diversion of farmland;

1. Protocols on illegal diversion of farmland;

1. Application of Acts and subordinate statutes confirming land use plans;

1. The point of exclusive use of farmland for facts constituting the crime: The point of construction of an unauthorized building under Articles 57(2), 34(1) of the Farmland Act: The point of unauthorized development activities under Articles 108(1) and 11(1) of the Building Act: The point of non-performance of an order to reinstate under Articles 140 subparag. 1 and 56(1) of the Act on the Planning and Utilization of National Land: The point of non-performance of an order to reinstate under Articles 142 and 133(1)5 of the National Land Planning and Utilization Act;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;