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(영문) 창원지방법원 밀양지원 2017.02.02 2016고단399
농지법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. A person who intends to occupy and use a river violating the River Act shall obtain permission from the competent authority, but on July 28, 2016, the Defendant occupied and used approximately 20 square meters of land by installing approximately 250 square meters of land by installing 20 square meters of flat, 4 steel scrap bars, and 2 fixed steel structures without obtaining permission from the competent authority.

2. A person violating farmland law shall not divert farmland outside an agricultural promotion area without obtaining permission to divert farmland. However, the Defendant, without obtaining permission to divert farmland around May 2015, (i) installed the fixed steel structure 1 building and the flat in the densely-si D field, and (ii) installed one fixed steel structure and a flat and diverted in E field to divert farmland 81 square meters.

3. A person who intends to construct a building, the total floor area of which does not exceed 100 square meters, shall report to the competent authorities;

Nevertheless, the Defendant, without filing a report with the competent authority on June 2015, installed a steel pipe break-off room in Da in Yyang-si and constructed a building with a total floor area of 23.5 square meters by installing a steel pipe break-off room in F.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Each accusation;

1. Inquiries by residents and inquiries about criminal history;

1. Application of each investigation report [the submission of a photograph of illegal facilities by the suspect (the submission of a photograph of removal of illegal facilities by the suspect), (the attachment of a photograph of a structure fixed on a suspect mobile phone), G record by the land seller (the confirmation of G record by the land seller), (the confirmation of permission to convert part

1. The occupation and use of a river without permission for the relevant legal provisions pertaining to the facts constituting an offense: The occupation and use of a river without permission for the occupation and use of farmland under Articles 95 and 33 (1) of the River Act: The occupation and use of a building without permission for the use of farmland under Articles 57 (2) and 34 (1) of the Farmland Act: Article 111 subparagraph 1 of the Building Act and Article 14 (1) of the Building Act;

1. Selection of a fine for a violation of the River Act, which has chosen punishment, and a violation of the Farmland Act (the same type shall apply);

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