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(영문) 광주지방법원 해남지원 2014.12.17 2014고정93
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to construct or repair a building in large scale shall obtain permission from the head of a Si/Gun/Gu;

Nevertheless, around September 201, the Defendant newly built and used a container, assembly-type board, and a building with a total floor area of 123.16 square meters in the strong wave structure without permission, for the purpose of using it as a lodging, toilet, warehouse, on a parcel outside the Seoul west-gun, Namnam-gun, and one parcel.

2. Any person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries after obtaining confirmation from the Farmland Management Committee having jurisdiction over the location of the farmland;

Nevertheless, around September 201, the Defendant constructed three buildings of container structure without obtaining permission for diversion of farmland on approximately 60.6 square meters in the “before the ownership of the Defendant,” located in Jeonnam-gun, Jeonnam-gun, Seoul-do, and illegally diverted farmland.

Summary of Evidence

1. Defendant's legal statement;

1. The supplementary statement of the investigator in preparation of E;

1. Application of satellite photographs and field photographs-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 110 of the Building Act and Article 111 (1) of the Act on the Selection of Punishment (Unauthorized Construction, Selection of Fines), Articles 57 (2) and 34 (1) of the Farmland Act (the occupation of diversion of farmland without permission and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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