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(영문) 대구지방법원 2016.04.29 2016고단702
국토의계획및이용에관한법률위반등
Text

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

1. Violation of the Building Act;

A. On July 15, 2014, the Defendant obtained a construction permit from the competent authority as to 22,335 square meters of a site located in Doldong-gun B and one parcel; and C’s factory building area which is 4,625 square meters of a building area, 7 units of a factory building of a stock company with 4,625 square meters.

Where a project owner intends to change any permitted matter, he/she shall obtain permission for change from the competent authority.

However, the Defendant, without obtaining permission for change from the competent authority from April 2015 to October 20 of the same year, constructed ten Dongs as shown in the attached Table, and changed the building area into 6,114.95 square meters (1,489.95 square meters).

(b) No owner of an unapproved use building shall use or allow him/her to use the building unless he/she has obtained approval for use from the competent government agency;

Around September 2015, the Defendant, without obtaining approval from the competent authorities, moved into six Dongs (attached Table 1, 2, 7, 8, 9, 10 Dong) among the 10 Dongs of the above factory building.

2. A person who intends to modify matters permitted to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

However, without obtaining permission from the competent authorities, the Defendant changed the existing building area of 4,625 square meters into 6,114.95 square meters, and the existing building-to-land ratio of 20.71 percent to 26.58 percent.

3. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities.

However, on October 2015, without obtaining permission from the competent authorities, the Defendant diverted the farmland to use 439 square meters in a way of using the farmland outside of the agriculture promotion area as factory site, which is farmland, D, and one parcel of farmland outside of the agriculture promotion area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (including F part of the statement);

1. A written accusation against any violator of the Building Act and the National Land Planning Act, each written accusation, each voluntary written statement, field pictures, construction outlines, drawings, written accusation against any person who violates the Farmland Act, and an illegal farmland management card;

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