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(영문) 부산지방법원 2016.12.15 2016고정3432
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who owns one half of the size of 1,326 square meters in Gangseo-gu Busan Metropolitan City, a farmland located in a development restriction zone.

No person shall stockpile goods or divert any farmland without obtaining permission to divert the farmland in a development restriction zone.

Nevertheless, the Defendant did not obtain any permission on March 30, 2016, and stored scrap metal, etc. on the part of 991 square meters of the above land without permission, thereby violating the prohibition matters within the development restriction zone, and diverted farmland without obtaining any permission on diversion of farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and additional statements prepared C;

1. On-site photographs and on-site photographs;

1. Application of land cadastre statutes;

1. Relevant Articles 57 (1), 34 (1) of the Farmland Act (the diversion of farmland), subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (the occupation of goods within the development restriction zones);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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