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(영문) 의정부지방법원 2014.05.21 2014고단328
건축법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a building owner of a detached house in Pyeongtaek-gun C in office.

1. Any person who intends to extend, rebuild, or rebuild a building shall report in advance to the competent authority;

Nevertheless, around April 2012, the Defendant reconstructed the housing of 48 square meters in the prefabricated type board structure without reporting the construction of the housing in his/her name in Pyeongtaek-gun C.

2. Any person who intends to divert farmland for any other purpose shall obtain permission therefor with fixing such purpose;

Nevertheless, on March 2004, the Defendant illegally diverted farmland to the area of 120 square meters in the land register of the same place as the above paragraph (1) without permission to divert farmland of Pyeongtaek-gun, such as constructing a house with a prefabricated-type panel structure, creating a site, etc.

3. Any person who intends to alter the form and quality of land shall obtain permission for development activities; and

Nevertheless, around March 2004, the Defendant changed the form and quality of the land without permission for development activities, such as building a house of prefabricated-type panel structure on the area of 120 square meters in the farmland of the same place as the above paragraph (1), and creating a site.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports by prosecutors (Attachment of land use planning confirmation personnel);

1. Application of Acts and subordinate statutes to the charge, written accusation, written statement, and field photograph;

1. Subparagraph 1 of Article 111 of the Building Act, Article 14 of the relevant Act on Criminal facts, Article 57 (2) and Article 34 (1) of the Farmland Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) of the same Act on National Land Planning and Utilization (the occupation of altering the form and quality of an unauthorized farmland);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for a crime of violating the Farmland Act, a crime of violating the National Land Planning and Utilization Act, and a crime of violating the National Land Planning and Utilization Act, and punishment

1. Selection of each alternative fine for punishment;

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

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