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(영문) 수원지방법원 성남지원 2017.01.12 2016고단3099

국토의계획및이용에관한법률위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 or to divert farmland shall obtain permission from the competent authorities.

Nevertheless, the Defendant, on May 2015, operated a waste business site under the trade name “C” in Gyeonggi-si, which is farmland outside the agricultural promotion area, and changed the form and quality by putting iron in the area of 2,974 square meters without obtaining permission from the competent authority.

As a result, the Defendant conducted development activities without obtaining permission for development activities and permission for diversion of farmland and diverted farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr.

1. The community service order under Article 62-2 of the Criminal Act;