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(영문) 수원지방법원 2020.08.12 2020고정763
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

Anyone shall obtain permission from the competent authority to engage in development activities, such as piling up goods for at least one month in a management area, and a person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, from July 2018 to May 2019, the Defendant, without obtaining permission from the competent authority and the Minister of Agriculture, Food and Rural Affairs, used goods, such as scrap metal, plastics, plastic houses, pipes, and automobiles, to use them as a field yard, and used them for development activities at the same time as farmland was diverted, among 1,924 square meters of land located in Gyeonggi-si B and 602 square meters of land located in C, and 284 square meters of land located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written accusation and a written accusation of E;

1. Application of field photographs, 2019-satellite photographs statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) 5 of the National Land Planning and Utilization Act (a point where goods are loaded without permission for a management area), Articles 57 (2) and 34 (1) of the Farmland Act concerning facts constituting a crime;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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