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(영문) 춘천지방법원 2014.06.23 2014고정265
농지법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Farmland Act is a person operating “C” on one parcel from around April 2013 to Hongcheon-gun, Hongcheon-gun, Gangwon-do, and a person who intends to divert farmland must obtain permission from the Minister of Agriculture, Food and Rural Affairs or a Mayor/Do Governor or the head of a Si/Gun/Gu delegated by

Nevertheless, between April 2013 and October 2013, the Defendant created and used 2,305 square meters of 3,305 square meters, which is farmland in the agricultural promotion area, from Hongcheon-gun, Gangwon-do, Hongcheon-gun, which is farmland in the agricultural promotion area.

Accordingly, the defendant diverted farmland to another purpose without obtaining permission from the competent authorities.

2. A person who intends to construct a building with a total floor area of less than 200 square meters in an agricultural and forest area violating the Building Act and with less than three floors shall report in advance to the Special Self-Governing City Mayor, the Special Self-Govern

Nevertheless, around May 2012, the Defendant newly built one management room with a light-weight structure of a size of 36 square meters in total floor area on the same land as indicated in paragraph (1), and one shower room with a light-weight structure of a size of 12 square meters in total floor area, respectively.

Accordingly, the defendant constructed two buildings without reporting to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the collection report of criminal information, camping ground examination table, photograph register, location map, land cadastre two copies, one written confirmation of land use planning, one copy of building layout map, building area, and current status of photographs;

1. Relevant provisions concerning criminal facts, Articles 57 (1) and 34 (1) of the Farmland Act that choose a penalty, and Articles 111 subparagraph 1 of the Building Act and Article 14 (1) 2 of the Building Act that choose a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that there was a history that the defendant was punished by a fine of one million won due to a violation of the Mountainous Districts Management Act in 2008, and that the size of the farmland, the size of the building, and the size of the building are above the size.

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