logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.07.02 2014고정468
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an owner of a ditch C, which is located in an agricultural promotion area, 7,167 square meters.

A person who intends to divert farmland in an agricultural promotion zone shall obtain permission for development from the head of the competent authority, who intends to engage in development activities, such as permission to divert farmland, construction of buildings, or installation of structures.

Nevertheless, the Defendant, without obtaining permission from the competent authorities on November 201, used 8 containers and 3 toilets as construction materials by piling up the construction materials, such as natural stone, pipes, concrete sewage pipes, retaining walls, waste stone, etc., and installing 8 Dong and 3 toilets without permission, for the purpose of storing construction site offices and tools.

In this respect, the Defendant, without permission, diverted farmland and engaged in development activities at the same time.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A written accusation;

1. On-site photographs and the current state of unauthorized storage;

1. Application of statutes governing land cadastre, cadastral map copy, and land use plan confirmation;

1. Relevant provisions of Article 57 (1), Article 34 (1) of the Farmland Act concerning the facts constituting an offense, and subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act.

arrow