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(영문) 대전지방법원 논산지원 2017.08.08 2017고정87
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

[criminal records] On March 17, 2017, the Defendant was sentenced to a suspended sentence of two years in the fourth month of imprisonment with prison labor for an injury in the Daejeon District Court’s Support for Woosan, and the judgment became final and conclusive on March 25, 2017.

[Criminal facts]

1. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the competent Mayor, etc.;

Nevertheless, on September 2016, the Defendant laid off not less than 2 meters in total size 1,11 square meters, such as E (P), C (P), D (P), E (P) and F (P) around 2016, and filled up not less than 50 square meters in total size 2,615 square meters in size, such as G (P), H (P), I (P), J (P (P), K (P (P), L (P (P), and N (Gu).

Accordingly, the Defendant changed the form and quality of land without permission for development activities.

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, around October 2016, the Defendant stored building materials in the area of 100 square meters in O(former) at the time of Seosan without permission for diversion of farmland and used farmland for other purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of P and Q;

1. Location map and current status photograph;

1. Calculation of volume of conduct and calculation of the area of illegal sections;

1. Before judgment: Application of the text of the Daejeon District Court 2016 High Court 543 High Order and the relevant data on the date of final and conclusive judgment;

1. Relevant Article 140 subparag. 1 of the National Land Planning and Utilization Act, Article 56 subparag. 2 of the same Act (a point where the form and quality of land is changed without permission), Articles 57(2) and 34(1) of the Farmland Act (a point where the diversion of farmland without permission is made) concerning the facts constituting an offense, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the Defendant’s wrongness, the restoration to the original state, the form and quality of land or the size of land converted by banking without permission, and others.

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