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(영문) 수원지방법원 성남지원 2014.11.21 2014고정1655
농지법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 24, 2014, the Defendant violated the Farmland Act, without obtaining permission from the competent authority, constructed a building on the scale of 516 square meters among 2,938 square meters, which is farmland, as indicated in paragraph (3) below, and used it as a site.

2. On April 24, 2014, the Defendant violated the National Land Planning and Utilization Act, unlike the permission to use 92 square meters of land among the land indicated in the above paragraph (1) as a farmland-free site without obtaining permission to change development activities from the competent authority, and performed development activities by using 516 square meters of land as a building site as described in the above paragraph (1).

3. On April 24, 2014, the Defendant violated the Building Act, unlike the reported matters on the building that one farming club is constructed on the 18 square meters of land indicated in the said paragraph among the land indicated in the said paragraph 1, the Defendant constructed one farming shed, one farming warehouse, one container, and one container building on the 74.96 square meters of land.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. On-site photographs and survey maps;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (1), 34 (1) of the Farmland Act that has the option to impose punishment, Articles 140 (1) and 56 (2) of the National Land Planning and Utilization Act (the point of permission for changes, the selection of fines), Articles 111 subparagraph 1 and 16 (1) of the Building Act (the point of construction of unregistered reports on changes);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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