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(영문) 광주지방법원 목포지원 2017.02.02 2016고정517
국토의계획및이용에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority;

Nevertheless, on March 2016, the Defendant engaged in development activities by using the scools in order to engage in a scooting farming without obtaining permission from the competent authorities.

2. A person who intends to engage in fisheries cultivating marine animals or plants at land or plants artificially created on land or sea waters in violation of Acts and subordinate statutes shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility;

Nevertheless, from April 30, 2016 to August 2016, the Defendant engaged in land sea-water cultivating fisheries in a manner of planting 500,000 square meters “a white bridge ” without obtaining permission from the competent authority, in the land set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Requests for the measures to be taken for a new seed breeding farm ( accusation), the current status of a new seed breeding farm (person to whom an accusation is to be filed), certificates of violations of a new seed breeding farm, photograph-up, register of land (fence), and the application of Acts and subordinate statutes to each investigation report;

1. Articles 140 subparag. 1, 56(1) (unauthorized development activities), 97(1)2, and 41(3)2 (unauthorized land fisheries) of the Act on the Punishment of Criminal Crimes and the National Land Planning and Utilization Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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