logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2017.01.06 2016고정283
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

A person who intends to divert farmland shall obtain permission to divert farmland from the competent authorities, and a person who intends to install structures or to alter the form and quality of land shall obtain permission from the competent authorities.

1. Defendant A, without obtaining permission for diversion of farmland from the competent administrative agency or permission for development activities, fill up approximately 4.6 square meters in height of D 875 square meters at the end of August, 2012, and installed a structure for diversion of farmland by reclaiming approximately 1.2 square meters in height, and approximately 40 square meters in length, from the boundary of E adjacent to the said land, to the boundary of E, and installing a stone shed of approximately 1.2 square meters in height, and approximately 40 square meters in length, from the beginning of March 2016 at the same place.

2. Defendant B, a representative director of the Defendant, diverted farmland and installed structures without permission in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police with regard to F;

1. A written accusation;

1. A report on the results of business trips;

1. On-site photographs;

1. A land use plan;

1. Survey map of the current status, crossing map, and latitude map;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 57(2), 34(1) (a) of the Farmland Act; Article 140 Subparag. 1, and 56(1)1 and 2 (a) of the National Land Planning and Utilization Act (a point of an unauthorized diversion of farmland);

(b) Defendant B: Articles 61, 57(2), 34(1) (unauthorized farmland) of the Farmland Act, and Articles 143, 140 subparag. 1, 56(1)1, and 56(1)2 (unauthorized farmland development acts) of the National Land Planning and Utilization Act;

1. Commercial concurrent defendants: Articles 40 and 50 of each Criminal Act (inter-party to a violation of the Farmland Act on the same date and a violation of the National Land Planning and Utilization Act);

1. Defendant A: Selection of a fine for negligence;

1. Defendants who are subject to aggravated concurrent crimes: Article 37 of the Criminal Act.

arrow