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(영문) 광주지방법원 2016.07.21 2016고정736
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

From around 2010, the Defendant is operating a business entity that produces camping in the name of “F” in the name of “F” by leasing three parcels of land, including C, D, E, etc. 3,863 square meters in total.

1. A person who intends to erect a temporary building for any purpose prescribed by Presidential Decree in violation of the Building Act shall commence the construction work after reporting to the competent authority;

Nevertheless, in around 2012, the Defendant, without reporting to the competent authority on the land above, constructed a temporary building of the total floor area of 9 square meters by means of a assembly panel or a panel for the temporary warehouse for the purpose of the temporary warehouse, without reporting to the competent authority from around 2015 to around 2015.

2. Any person who intends to construct buildings, install structures, or change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the administrative agencies;

Nevertheless, from April 2014, the Defendant: (a) packaged concrete without obtaining permission from the competent authority; and (b) constructed a building on the same date as the written in paragraph (1).

3. A person who intends to divert farmland in violation of Acts shall obtain permission from the Minister of Agriculture, Forestry and Food, as prescribed by Presidential Decree.

Nevertheless, the Defendant constructed a building from around 2010 to around 201 as described in paragraph (1) without obtaining permission from the Director of the Food and Agriculture Department for the agricultural, forestry, and livestock industry. Since April 2014, the Defendant diverted the use of farmland, such as cutting concrete packaging and piling-up.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second pleading);

1. Statement of G;

1. A written accusation;

1. Site for the photograph;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 140 Subparag. 1 of the relevant Act and Article 140 Subparag. 1 of the National Land Planning and Utilization Act regarding criminal facts, and Article 56 Subparag. 2 of the same Act (unauthorized changes in the form and quality) and Article 57(2) of the Farmland Act;

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