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(영문) 창원지방법원 밀양지원 2015.06.25 2014고정250
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act and the Farmland Act shall obtain permission for development activities from the competent authority, and obtain permission for diversion of farmland in order to divert farmland;

Nevertheless, the Defendant did not obtain permission to engage in development activities and farmland diversion permission, and performed development activities without permission on the field of dry field in the aggregate of 3,567 square meters and 3,727 square meters in the field of dry field to build a field 3,727 square meters in Seoyang-si, the conservation management area around June 2013, and in the aggregate of 160 square meters in C, which is a conservation area.

2. Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, the Defendant occupied the river area without permission from the river management agency on June 2013 in a river area located in Syang-si, in a size of approximately 340 square meters, and occupied the river area without permission by installing one sperm.

3. Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a management area under the National Land Planning and Utilization Act in violation of the Building Act shall report to the competent authority

Nevertheless, the Defendant, without filing a construction report on June 2013, constructed a three-dimensional building equivalent to 5.226 square meters from Dong-si, Syang-si, a conservation management area around 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Examination report and land cadastre of prosecution joint control report on illegal acts in an erroneous camping ground;

1. Application of Acts and subordinate statutes in Chapter 6 of the output of each photograph, next screen page;

1. Article 140 Subparag. 1, Article 56(1) of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning criminal facts (a point of development activities without permission), Articles 57(2), 34(1) of the Farmland Act (a point of the diversion of farmland without permission), Article 95 Subparag. 5, and Article 33(1)1 of the River Act (a point of illegal occupancy of rivers), Article 111 Subparag. 1, and Article 14 of the Building Act.

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