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(영문) 창원지방법원 밀양지원 2015.05.28 2014고단363
국토의계획및이용에관한법률위반등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act and the Farmland Act shall obtain permission for development activities from the competent authority, and obtain permission for diversion of farmland in order to divert farmland;

Nevertheless, on May 201, the Defendant did not obtain permission for development or farmland diversion, and around March 201, around 7,100 square meters of 7,186 square meters of Y, I, J, K, and L, which is part of 7,186 square meters of 7,18 square meters of Y, I, J, K, and L, around March 201, the Defendant performed development activities without permission, such as installing electric facilities and sprink buildings, and diverted farmland for the purpose of camping.

2. Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a management area under the National Land Planning and Utilization Act in violation of the Building Act shall report to the competent authority

Nevertheless, on May 201, the Defendant, without filing a construction report, constructed one toilet building equivalent to 24.99 square meters, 1 Dong, 1 Dong, and 15 square meters of the boiler room, which is equivalent to 9.96 square meters in Mayang-si, C, and D, and 24.9 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A joint control report and land cadastre of prosecution's office against Otop camping activities;

1. Each report on investigation;

1. Printeds of the operational screen of the Internet car page;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 140, Article 56 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning criminal facts, Article 57 (2) and Article 34 (1) of the Farmland Act, Article 111 subparagraph 1 of the Building Act, and Article 14 (1) 2 of the Building Act (unreported point of construction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a crime of violating the Farmland Act selection of punishment;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62(1)1 of the Criminal Act:

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