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(영문) 수원지방법원 2017.08.17 2016고정2643
국토의계획및이용에관한법률위반등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. To install a temporary building, etc. which is a summary of facts charged, a report shall be filed with the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and a person who intends to engage in development activities shall obtain permission from the Mayor, etc., and a person

Nevertheless, on February 2016, the Defendant, without reporting and permission, created a site for an office in the 342.72m2m2 in Yeongdeungpo-gu, Young-gu, Seoul Special Metropolitan City, an area outside the farmland promotion zone, and constructed two units of temporary construction offices and warehouses (a total building area of 304m2) using the prefabricated-type panel.

Accordingly, the defendant constructed a temporary building without reporting, conducted development activities without permission, and conducted farmland diversion activities without permission for farmland diversion.

2. According to the evidence duly adopted and examined by this court, the Defendant served as a field manager of C from April 1, 2016 to the place indicated in the facts charged, and the buildings, etc. indicated in the facts charged appear to have been constructed by D from October 1, 2015 to March 1, 2016.

The evidence submitted by the prosecutor alone that the defendant had built a building or any other building or engaged in farmland diversion activities as stated in the facts charged.

It is insufficient to view it, and there is no other evidence to prove it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is to be announced in accordance with Article 58(2) of the Criminal Act. It is so decided as per

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