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(영문) 창원지방법원 밀양지원 2015.07.09 2014고정241
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act and the Farmland Act shall obtain permission for development activities from the competent authority, and obtain permission for diversion of farmland in order to divert farmland;

Nevertheless, on March 2014, the Defendant cut and suspended the land in order to create a chilling site in the area of 2,392 square meters, which is part of 2,928 square meters in aggregate of 2,392 square meters, such as smuggling B and C, around March 2014, without permission for development and farmland diversion, and performed development activities without permission by installing electric facilities, shower rooms, and management rooms, and diverted farmland for the purpose of cubing.

2. Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, the Defendant without permission from the river management agency, from around 2002 to the present date, occupied the river area without permission by installing a wood pole with concrete in the area of about 30 square meters in the area of the river area located in Seoyang-si.

3. Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a management area under the National Land Planning and Utilization Act in violation of the Building Act shall report to the competent authority

Nevertheless, on January 201, the Defendant constructed one building in a shower room and a spawre room building with a size of 42.48 square meters, which is equivalent to 1 Dong, 23.10 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A transcript of the investigation report for prosecution joint control of illegal acts in the camping ground, and a certified copy of the register;

1. Application of Acts and subordinate statutes to each photograph, stong site website output;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act on criminal facts, the diversion of farmland without permission under Articles 57 (2) and 34 (1) of the Farmland Act;

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