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(영문) 수원지방법원 여주지원 2015.09.18 2015고단254
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as constructing buildings, installing structures, changing the form and quality of land, etc. in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors,

Nevertheless, in October 2014, the Defendant, without obtaining permission from the competent authority on development activities, installed a drainage pipe and a house modification for the purpose of creating a electric source house on seven lots (4,640 square meters), such as Gyeonggi-gun C (4,640 square meters), and around that time installed a structure (308 square meters) on seven occasions as shown in the attached list of crimes in the attached list of crimes.

2. A person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

Nevertheless, the Defendant, without obtaining permission to divert farmland from the competent authority around October, 2014, set up a drainage pipe and a house correction to build a house for the purpose of creating a house for electric source on seven lots (4,640 square meters), such as Gyeonggi-gu, Gyeonggi-do, which are farmland outside the agricultural promotion area, and around that time, installed a structure (308 square meters) on seven occasions in the same manner as indicated in the attached Table of Crimes List, and diverted farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written accusation;

1. On-site photographs;

1. An illegal land survey map;

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

1. Subparagraph 1 of Article 140 and Article 56 (1) 1 of the National Land Planning and Utilization Act (unauthorized development acts) concerning facts constituting an offense, and Articles 57 (2) and 34 (1) of the Farmland Act (the diversion of farmland outside the Agricultural Promotion Area without permission for farmland);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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