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(영문) 인천지방법원 부천지원 2018.05.09 2018고정249
건축법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of Kimpo-si C farmland.

1. A building permit shall be deemed granted to a small building prescribed by Presidential Decree, if it is reported to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, on August 2016, the Defendant constructed a house using a mobile container (19.5 square meters) on the farmland owned by the Defendant without filing a report on the construction of the Kimpo-si City Mayor.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the Minister of Food, Agriculture and Forestry.

Nevertheless, on August 2016, the Defendant constructed a house on the farmland owned by the Defendant without obtaining permission from the Minister of Agriculture and Forestry for diversion of farmland from the Minister of Food and Agriculture Food, and converted the farmland into a housing site.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of investigation table on the actual status of buildings in violation of statutes and field photographs;

1. Relevant Article 111 subparagraph 1 of the Building Act, Article 14 (1) of the Building Act (unauthorized construction), Articles 57 (1) and 34 (1) of the Farmland Act (unauthorized use of farmland), the selection of fines for criminal facts, and the selection of fines;

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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