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(영문) 의정부지방법원 2013.12.04 2013고단3595
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C Campping” on the land outside Pyeongtaek-gun, Gyeonggi-do.

1. Anyone who violates the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority from September 2012 to October 20 of the same year, constructed each of the buildings of 118.18 square meters in the camping site management office and retail store, 39 square meters in the toilet and coefficient building, 130.17 square meters in the toilet, kitchen, and kitchen building, 136.32 square meters in the office building (2 stories), and changed the form and quality of the land into 8,459 square meters in the above B’s land, 680 square meters in size in D’s land, 1,71 square meters in size in E’s land, and 1,977 square meters in size in F’s land.

2. Any person who intends to divert farmland shall obtain permission from the competent authorities;

Nevertheless, without obtaining permission from the competent authorities, the Defendant diverted farmland to the use of camping site business in a manner of spreading 1,977 square meters in total, such as farmland, at the same time and place as in the preceding paragraph, without obtaining permission from the competent authorities.

3. Any person who intends to construct a building in violation of the Building Act shall obtain a building permit from the competent administrative agency in advance.

Nevertheless, the Defendant newly constructed a building with a total floor area of 423.67 square meters without obtaining permission from the competent authorities at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of each accuser of G, H and I;

1. On-site photographs;

1. Application of confirmations of land use plan and land cadastre statutes;

1. Article 140 subparagraph 1 of Article 140, Article 56 (1) 1 and 2 (a) of the National Land Planning and Utilization Act (a point of an unauthorized development act) on criminal facts, and Articles 57 (2) and 34 (1) of the Farmland Act;

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