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(영문) 수원지방법원 여주지원 2017.02.08 2016고단1267
농지법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to construct or repair a building on his/her own name shall obtain a building permit from the competent authority, and where he/she intends to divert farmland, he/she shall obtain permission to divert farmland from the competent authority;

Nevertheless, the Defendant constructed a building of one story building with a total floor area of 500 square meters using a steel frame and a panel without obtaining permission from the competent authorities in the farmland located outside of the summer urban area and in Echeon-si B located in the agricultural promotion area, and without obtaining any construction permission.

Accordingly, the defendant diverted farmland without permission and constructed a building at the same time.

2. Any person who intends to construct or repair a building on July 2016 shall obtain a building permit from the competent authority, and where he/she intends to divert farmland, he/she shall obtain permission to divert farmland from the competent authority.

Nevertheless, from June 2016 to July 201 of the same year, the Defendant constructed a 2-story warehouse building with a floor area of 625 square meters (30 square meters, total area of 925 square meters) using a steel structure and a panel without obtaining any permission for the diversion of farmland from the competent authorities in the farmland located outside of the urban area and from Echeon-si in the agriculture promotion area.

Accordingly, the defendant diverted farmland without permission and constructed a building at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Location map and photograph, official text and photograph, etc. of reinstatement order, certified copy of register, land use plan, photograph, official text, etc. of reinstatement order, field investigation report, photograph, etc., certified copy of register, land use plan, aerial photography, etc.;

1. Application of each statute on a written accusation;

1. Article 57(1) and Article 34(1) of the Farmland Act (the point of exclusive use of farmland without permission) concerning the facts constituting an offense, each of the relevant provisions of the Act, Article 110 Subparag. 1 and Article 11(1) of the Building Act (the point of unauthorized Building Construction).

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