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(영문) 수원지방법원 여주지원 2017.08.22 2017고정191
농지법위반등
Text

Defendant shall be punished by a fine of 2.5 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 B 926m2 (hereinafter referred to as “instant land”).

1. Where a building with a total floor area of less than 200 square meters is constructed in a management area under the National Land Planning and Utilization Act, and less than three floors is to be reported to the competent authority in advance;

Nevertheless, on May 2016, the Defendant, without filing a report with the competent authority, installed a sprink and a kitchen inside the farmland of this case, which was installed on the instant land as a conservation area, and newly constructed a building with a total floor area of 33.75 square meters by installing a roof and a panel on the outside.

2. To engage in development activities, such as construction of buildings in violation of the National Land Planning and Utilization Act, alteration of the form and quality of land, permission for development activities shall be obtained from the competent authority;

Nevertheless, on May 2016, the Defendant engaged in development activities on the instant land without obtaining permission from the competent authority, as described in paragraph 1.

3. When it is intended to divert farmland in violation of Acts and subordinate statutes, permission shall be obtained from the Minister of Food, Agriculture and Forestry.

Nevertheless, on May 2016, the Defendant diverted farmland to the instant land outside the agricultural promotion area without obtaining permission from the Director of the Food and Agriculture Department of the Agricultural and Food Industry, as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation under C, D, or E;

1. Investigation report (the details of the prosecutor's direction);

1. Notification of acceptance of reports on the construction of land (land register), land use regulation information, and temporary buildings (project owner A);

1. On-site photographs of illegal buildings;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Building Act, Article 111 subparagraph 1 of the same Act, Article 14 (1) of the Building Act (the point of paragraph (1) of the judgment), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) of the National Land Planning and Utilization Act (the point of paragraph (2) of the judgment), Articles 57 (2) and 34 (1) of the Farmland Act (the point of paragraph (3) of the judgment);

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

1. Selection of each alternative fine for punishment;

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