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(영문) 광주지방법원 2018.09.06 2018고정556
건축법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On November 16, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) and the judgment became final and conclusive on November 24, 2017.

[Criminal facts] Defendant A is a person operating an agricultural corporation D from May 201 to September 3, 2014.

1. Any person who intends to construct or temporarily construct a building in violation of the Building Act shall obtain permission for a branch office of a Special Self-Governing City, a Special Self-Governing Province, or the head of

A. On January 2014, the Defendant constructed, without permission from the head of the competent administrative agency, a building of 288 square meters for storage of agricultural product materials in a pipe structure, and a temporary building of 168.20 square meters for storage of agricultural product materials in a pipe structure, at a D factory site located in nine parcels, including Branju-si, E, etc.

B. On April 2016, the Defendant constructed a 360 square meters of temporary building for storage of agricultural materials installed at a pipe structure at the above place, and a 114.92 square meters of the pipe structure without permission from the head of the competent administrative agency.

2. No farmland shall be diverted to an agricultural promotion area without obtaining permission from the head of an administrative agency having jurisdiction over the violation of farmland Act;

On January 2014, the Defendant: (a) installed a pipe and a pipeline structure on farmland amounting to approximately 40 square meters among farmland of approximately 570 square meters in 570 square meters in Naju-si; and (b) diverted the farmland without permission from the head of the competent administrative agency.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. A written statement;

1. Accusation against a violator of farmland law;

1. A report on the results of each business trip;

1. An investigation report (a building permit and attachment of the current status of the violation of D), a photographic situation report, an investigation report (Attachment of reference materials), and the offender's place of the offense;

1. Each on-site photograph and current status map of each building;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. The former Building Act (Act No. 13785, Jan. 9, 2016) applicable to criminal facts.

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