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(영문) 창원지방법원 진주지원 2016.01.14 2015고정625

국토의계획및이용에관한법률위반등

Text

The sentence imposed on the accused shall be suspended.

Reasons

Punishment of the crime

1. Violation of the National Land Planning and Utilization Act, and the Defendant in violation of the Farmland Act, around May 2013, in farmland located in the Republic of Korea, Chungcheongnam-gun, Chungcheongnam-gun, Busan-gun, without obtaining permission from the competent authorities for development or diversion of farmland, the Defendant constructed 2 buildings for the purpose of use, such as showers and toilets, on the said farmland, and installed 8 structures, such as repair platforms and toilets, and performed development activities for repair works, using the same as “D” in the trade name of “D”, and diverted farmland of approximately 3,356 square meters in total of the above daily area.

2. The Defendant violated the Building Act, at the time and place indicated in the foregoing paragraph (1), constructed a shower room with a total floor area of approximately 8 square meters on the above land without filing a construction report with the competent authority, one building for toilets and one building for toilets and one building for storage with a total floor area of about 3 square meters on the above land.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (request for additional submission of floor photographs, such as toilets, accompanying photographs, attaching photographs, attaching photographs, attaching photographs, reporting on the details of telephone conversations, and location map of D facilities);

1. The application of statutes to a camping site (camping site) report, a field inspection report on confirmation of camping site (camping site), and a joint investigation report by the prosecution for illegal acts;

1. Article 140 subparag. 1, Article 56(1) (unauthorized development acts), Article 57(1), and Article 34(1) (unauthorized farmland) of the Farmland Act concerning the facts constituting an offense, and Articles 111 subparag. 1 and 14(1) (unauthorized farmland) of the Building Act;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) and Article 51 of the Criminal Code of the Suspension of Pronouncement (the circumstances of the instant case may be somewhat considered, and restitution is made, and the Defendant is the first offender who has no record of crime.