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(영문) 수원지방법원 2013.09.05 2013고정1310
농지법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is operating “D” in the vicinity of the C when it is in harmony.

1. Any person who violates the Building Act shall obtain permission from the competent authorities to construct a building;

Nevertheless, on August 2012, the Defendant newly constructed one 240 square meters of steel pipe structure on the ground of the above C land without obtaining permission from the competent authority.

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

Nevertheless, the Defendant, without obtaining permission from the competent authority on the above date, made miscellaneous stone on the ground equivalent to 628m2 among the above C land, which is farmland in the agricultural promotion zone, as a sub-road parking lot, installed the sidewalk block, and constructed a store and a manager, etc. as above.

Accordingly, the Defendant diverted farmland to farmland without permission.

3. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities to change the form and quality of land or to install buildings or structures;

Nevertheless, without obtaining permission from the competent authorities, the Defendant engaged in development activities by using miscellaneous stones and news block to each of the above land, changing the form and quality of the land and newly building a store.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to report on investigation (A lease agreement submission);

1. Relevant statutory provisions concerning facts constituting an offense, Articles 108(1) and 11(1) of the Building Act (a point where a building is constructed without permission), Articles 57(1) and 34(1) of the Farmland Act, Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act, and the choice of fines, respectively, for the selection of fines;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes (Punishment prescribed for a violation of the Farmland Act, a violation of the National Land Planning and Utilization Act, a violation of the National Land Planning and Utilization Act, and a punishment heavier

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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