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(영문) 수원지방법원 성남지원 2017.04.25 2016고단3647
농지법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

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

Nevertheless, on July 2016, the Defendant, while operating a general restaurant in the name of “E” in the name of “E,” other than Gwangju City D (former), which is farmland outside the agriculture promotion area, installed a tent and a flat of 363.6 square meters, and used it as an outdoor place of business, and installed a 600 square meter of Myeon-type parking lot and a 130 square meter of 40 square meters of Myeon-type parking lot.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

2. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to special measures for the designation and management of a zone subject to development restriction, or a zone subject to development restriction in violation of the Act on Special Measures for the Designation and Management of Land

Nevertheless, on July 2016, the Defendant operated the restaurants listed in paragraph 1 in Gwangju-si F (former), G (W), H (Tcheon), and I (Acheon), which are the development restriction zone for the Seocho-si, Gwangju-si, and installed a parking lot of 600 square meters in size, and a 130 square meters in size, and installed a tent of 101 square meters in size, and used it as an outdoor place of business, and installed a bridge of 8.8 square meters in size.

Accordingly, the defendant changed the form and quality of land without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

3. Any person who violates the River Act shall obtain permission from the competent authority from a person who intends to occupy and use land, occupy and use river facilities, construct or alter a structure, excavate land, alter the form and quality of land, excavate soil and rocks, sand and gravel in a river area;

Nevertheless, on July 2016, the Defendant installed a tent and seat plate of 101 square meters in one parcel outside Gwangju-si, Gwangju-si, which is a river area, and used it as an outdoor business site, and installed a bridge of 8.8 square meters in size.

Accordingly, the defendant occupied land in the river area without obtaining permission from the competent authorities.

b)a summary of the evidence;

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