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(영문) 수원지방법원 성남지원 2017.06.23 2016고단3738
농지법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Any person who constructs a building, alters the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone which has not been permitted by a competent authority, shall comply with an order issued by the competent authority to suspend construction, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard to such order.

Nevertheless, on July 22, 2016, the Defendant issued a corrective order to reinstate containers for the purpose of storage of goods by August 19, 2016 without obtaining permission from the competent authority on three parcels, 5,853 square meters outside the Hanam-si, Hanam-si, which is a development restriction zone, to restore to its original state, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of a written investigation of offenses, corrective order, and delivery;

1. Application of laws and subordinate statutes of the land register (D), confirmation of the land use plan (D in the south City), land ledger (D in the south City), confirmation of the land use plan (D in the south City), and confirmation of the land use plan (D in the south City);

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 and Article 30(1)1 and the proviso to Article 12(1) of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The confession of a crime, the single punishment of a minor fine, the circumstances unfavorable to the restoration to original state: The degree of non-compliance with the corrective order, the portion not guilty of the issuance of the corrective order [Violation of the Farmland Act] even around September 18, 2014;

1. A person who intends to divert farmland under this part of the facts charged shall obtain permission from the competent authorities;

Nevertheless, the Defendant, who is a farmland outside the agricultural promotion area, is engaged in the warehouse service business under the name of Do (responding), E (responding), F (hereinafter referred to as “instant land”), and G, which is a trade name outside the agricultural promotion area, without obtaining permission from the competent authority, and gradually increases the containers from January 201 to July 2013, 201.

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