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A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is the owner of land B and C in Hawan-gun.
1. Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the competent authorities;
Nevertheless, the Defendant, without obtaining permission from the head of the Gu from March 2018 to April 2019, constructed a container building of approximately 240 square meters in the Haan-gun B land (total area of 598 square meters) outside the agricultural promotion area, and installed a access road of approximately 115 square meters in the Haan-gun C land (total area of 179 square meters) and diverted farmland.
2. A person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act shall file a report with the competent authority;
Nevertheless, the Defendant constructed a container and light framed structure (87 square meters on March 2018 to April 2018) and a wooden structure (7 square meters on the floor area) on the land B in Haan-gun and D land, and constructed a building (8.05 square meters on August 2018) with a wooden structure on the land B in Haan-gun, Haan-gun, and constructed two buildings with a light structure (8.05 square meters on the floor area) on March 2019 to April 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. The integrated plan for naval Notes systems (airmans by year);
1. Location map and current status photograph;
1. A certified copy of the real estate register;
1. Land register;
1. Current status of violated buildings;
1. Application of the Acts and subordinate statutes governing the allocation level of non-compliant buildings and landscaping of such non-compliant buildings;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 57 (2), 34 (1) of the Farmland Act that choose to impose punishment (the occupation of diversion of farmland without permission and the choice of imprisonment), and subparagraphs 1 of Article 111 of the Building Act and Article 14 of the Building Act (the occupation of construction of unreported farmland);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 3, and Article 50 of the Criminal Act (Concurrent Imposition of Imprisonment with prison labor for a violation of the Farmland Act and a fine for a violation of the Building Act);
1. The Criminal Act for the detention of a workhouse;