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(영문) 창원지방법원 진주지원 2017.08.10 2017고정261
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is an owner of 3,740 square meters of farmland outside the agricultural promotion area, which is farmland outside the agricultural promotion area. The Defendant is prohibited from engaging in development activities, such as installation of structures and alteration to the form and quality of land, without obtaining permission from the competent authority. Despite the fact that the Defendant was prohibited from diversion of farmland outside the agricultural promotion area without obtaining permission from the head of the Ministry of Agriculture and Forestry, he did not obtain permission from the Minister of Agriculture and Food, and without obtaining permission from the head of the Ministry of Agriculture and Forestry, he cut off 414 square meters of the above land on December 7, 2016, with a total length of 25 meters, and height of 2.5 to 5.5 meters. The Defendant cut off 414 square meters of the above land from the above land on a scale of 5 meters of width, length, 6 meters of height, 25 cm of thickness (total area of 30 square meters), and at the same time, engaged in development activities, such as alteration of the form and quality of the above land and installation of structures.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Location map of land subject to the change in the unlawful form and quality of farmland, current status map of changes in the form and quality of illegal land, photographs of changes in the form and quality of illegal land,

1. Submission of opinions;

1. A written accusation;

1. Investigation report (Binding of the notification of completion of the preceding half of the year);

1. Application of Acts and subordinate statutes to a criminal investigation report (verification as to an agricultural promotion area);

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, the main sentence of Article 56 (1) 1 and 2 (unauthorized Development Acts), Article 57 (2) and Article 34 (1) 1 of the Farmland Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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